Canadian Coloured Cotton Mills v. Talbot

Canadian Coloured Cotton Mills v. Talbot

The majority held that there was evidence that the loom fixer failed to examine and repair the bolt whose breaking caused the injury, that this presented a question of fact properly left to the jury, and therefore the jury verdict finding negligence should stand and the appeal be dismissed.

Citation
(1897) 27 SCR 198
Parties
Appellant / Defendant: Canadian Coloured Cotton Mills; Respondent / Plaintiff: Elizabeth Talbot
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
10 March 1897
Procedural Posture
Tort (negligence) / Appeal to Supreme Court of Canada From the Court of Appeal for Ontario
Outcome
Appeal dismissed with costs
Legal Topics
Negligence, Defective Machinery, Duty to Inspect/repair, Evidence for Jury
Source Language
English
Torts Workplace Safety Product/machinery Liability Negligence Defective Machinery Duty to Inspect/repair Evidence for Jury

Case Brief

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Parties

Canadian Coloured Cotton Mills

Appellant / Defendant

Elizabeth Talbot

Respondent / Plaintiff

Procedural Posture

Tort (negligence) / Appeal to Supreme Court of Canada From the Court of Appeal for Ontario

Legal Issues

  1. 1 Whether the breaking of a bolt serving as a guard constituted a defect of the loom for which the employer was liable
  2. 2 Whether the loom fixer failed in his duty of inspection and repair such that negligence was established
  3. 3 Whether the evidence was sufficient to be left to the jury rather than directed verdict

Ratio Decidendi

The majority held that there was evidence that the loom fixer failed to examine and repair the bolt whose breaking caused the injury, that this presented a question of fact properly left to the jury, and therefore the jury verdict finding negligence should stand and the appeal be dismissed.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs