Demers v. Montreal Steam Laundry Company

Demers v. Montreal Steam Laundry Company

The appeal is dismissed because the appellant failed to prove defendant negligence and the evidence showed the first appellate court's reversal of the trial judgment was not clearly erroneous, so the Supreme Court will not disturb that factual finding.

Citation
(1897) 27 SCR 537
Parties
Appellant / Plaintiff: Alfred Demers; Respondent / Defendant: The Montreal Steam Laundry Company
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
7 June 1897
Procedural Posture
Civil Appeal / Second Appellate Review by Supreme Court of Canada From Court of Queen's Bench for Lower Canada (appeal Side)
Outcome
Appeal dismissed with costs.
Legal Topics
Negligence, Standard of Care, Appellate Review of Facts, Employer Liability, Industrial Accident
Source Language
English
Torts Labour/employment Appeal Negligence Standard of Care Appellate Review of Facts Employer Liability Industrial Accident

Case Brief

Summary, issues, holding and outcome

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Parties

Alfred Demers

Appellant / Plaintiff

The Montreal Steam Laundry Company

Respondent / Defendant

Procedural Posture

Civil Appeal / Second Appellate Review by Supreme Court of Canada From Court of Queen's Bench for Lower Canada (appeal Side)

Legal Issues

  1. 1 Whether the defendant was negligent in causing injury to the employee
  2. 2 Whether the machine and workplace conditions rendered the employer liable
  3. 3 Standard of review for a second appellate court on questions of fact

Ratio Decidendi

The appeal is dismissed because the appellant failed to prove defendant negligence and the evidence showed the first appellate court's reversal of the trial judgment was not clearly erroneous, so the Supreme Court will not disturb that factual finding.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.