Canadian Pacific Railway Co. v. Kerr

Canadian Pacific Railway Co. v. Kerr

A pre-emptor in possession and in good standing has a right to sue for damages caused by a railway-started fire; the trial judge's factual findings of causation and assessment of damages (subject to the Railway Act cap) will not be disturbed where supported by evidence; a contention as to the pre-emptor's limited...

Source-derived case information.

Citation
(1913) 49 SCR 33
Parties
Appellant / Defendant: Canadian Pacific Railway Co.; Respondent / Plaintiff: Alexander Kerr; Respondent / Plaintiff: Cummings; Respondent / Plaintiff: Laidlaw; Respondent / Plaintiff: Farquharson; Respondent / Plaintiff: Boisjoli
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
10 November 1913
Procedural Posture
Civil Action (damages) / Appeal to the Supreme Court of Canada From the Court of Appeal for British Columbia
Outcome
Appeal dismissed with costs; judgment of the Court of Appeal for British Columbia affirmed.
Legal Topics
Negligence, Fire Damage, Measure of Damages, Pre Emption Rights, Limitation of Liability
Source Language
english
Tort Property Railway Law Negligence Fire Damage Measure of Damages Pre Emption Rights Limitation of Liability

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Parties

Canadian Pacific Railway Co.

Appellant / Defendant

Alexander Kerr

Respondent / Plaintiff

Cummings

Respondent / Plaintiff

Laidlaw

Respondent / Plaintiff

Farquharson

Respondent / Plaintiff

Boisjoli

Respondent / Plaintiff

Procedural Posture

Civil Action (damages) / Appeal to the Supreme Court of Canada From the Court of Appeal for British Columbia

Legal Issues

  1. 1 Whether a pre-emptor of Crown land has a right to recover damages for timber destroyed by a railway-caused fire
  2. 2 Proper measure of damages where plaintiff holds only a limited/pre-emptive interest in the timber
  3. 3 Whether the railway was liable for fire caused by sparks from its locomotive (causation and negligence)

Ratio Decidendi

A pre-emptor in possession and in good standing has a right to sue for damages caused by a railway-started fire; the trial judge's factual findings of causation and assessment of damages (subject to the Railway Act cap) will not be disturbed where supported by evidence; a contention as to the pre-emptor's limited interest cannot be raised on appeal when the relevant evidence was omitted from the record and the point was not argued below.

Court Disposition

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

Orders

  • Appeal dismissed with costs
  • Judgment of the Court of Appeal for British Columbia affirmed