Canadian Coloured Cotton Mills Co. v. Kervin

Canadian Coloured Cotton Mills Co. v. Kervin

The appeal was allowed because plaintiffs failed to show evidence that the alleged negligence (absence of a guard) caused the deceased's death; absent proof of causation the action must be dismissed irrespective of whether a statutory breach could create civil liability.

Source-derived case information.

Citation
(1899) 29 SCR 478
Parties
Appellant/defendant: Canadian Coloured Cotton Mills Co.; Respondents/plaintiffs: Margaret Kervin and Others
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
30 May 1899
Procedural Posture
Torts Negligence and Wrongful Death / Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario
Outcome
Appeal allowed; action dismissed.
Legal Topics
Negligence, Causation, Duty to Guard Machinery, Workmen's Compensation Act, Non‑suit
Source Language
english
Torts Occupational Safety Statutory Duty Negligence Causation Duty to Guard Machinery Workmen's Compensation Act Non‑suit

Source-derived case record

Summary, issues, holding and outcome

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Parties

Canadian Coloured Cotton Mills Co.

Appellant/defendant

Margaret Kervin and Others

Respondents/plaintiffs

Procedural Posture

Torts Negligence and Wrongful Death / Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario

Legal Issues

  1. 1 Whether omission of a statutory duty to guard machinery gives rise to a common law cause of action
  2. 2 Whether plaintiffs produced evidence that the alleged negligence was the cause of the workman’s death
  3. 3 Whether failure to give statutory notice under the Workmen's Compensation Act barred recovery

Ratio Decidendi

The appeal was allowed because plaintiffs failed to show evidence that the alleged negligence (absence of a guard) caused the deceased's death; absent proof of causation the action must be dismissed irrespective of whether a statutory breach could create civil liability.

Court Disposition

Appeal allowed; action dismissed.

Orders

  • Appeal allowed
  • Action dismissed