Toronto Railway Co. v. Snell

The motorman of an electric streetcar is a person having charge or control of the engine/machine within s.3(5) of the Workmen's Compensation Act; therefore the employer is liable for injuries caused by the motorman's negligent operation and the appeal was dismissed.

Citation: (1901) 31 SCR 241
Parties: Defendant Appellant: Toronto Railway Company; Plaintiff Respondent: Robert Snell
Court: Supreme Court of Canada
Jurisdiction: Canada
Judgment Date: 1 April 1901
Procedural Posture: Torts (workmen's Compensation) / Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario; Judgment of Court of Appeal Affirmed
Outcome: Appeal dismissed with costs; judgment of the Court of Appeal for Ontario affirmed.
Legal Topics: Negligence, Employer Liability, Control of Machinery, Street Railway Operations
Source Language: English

Torts Labour Law Workmen's Compensation Negligence Employer Liability Control of Machinery Street Railway Operations

Case Brief

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Parties

Toronto Railway Company

Defendant Appellant

Robert Snell

Plaintiff Respondent

Procedural Posture

Torts (workmen's Compensation) / Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario; Judgment of Court of Appeal Affirmed

Legal Issues

1 Whether the motorman of an electric streetcar is a "person who has charge or control" of a machine/engine under s.3(5) of the Workmen's Compensation Act
2 Whether the employer is liable in damages where such a person in charge negligently causes injury to another employee

Ratio Decidendi

Court Disposition

Appeal dismissed with costs; judgment of the Court of Appeal for Ontario affirmed.

Orders

Appeal dismissed with costs
Judgment for plaintiff affirmed in the amount of $1,200