Grand Trunk Pacific Ry. Co. v. Pickering

Grand Trunk Pacific Ry. Co. v. Pickering

The jury had evidence to find the Grand Trunk Pacific crew acted within the scope of their employment when they moved and coupled the cars to the standing train; their negligent coupling caused the plaintiff's injury; therefore the employer is liable and the trial and appellate courts' verdict and judgment must be affirmed.

Citation
(1914) 50 SCR 393
Parties
Appellant/defendant: Grand Trunk Pacific Railway Company; Respondent/plaintiff: Arthur Godfrey Pickering
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
30 November 1914
Procedural Posture
Civil Appeal (personal Injury Tort) / Appeal to the Supreme Court of Canada From the Court of Appeal for Manitoba
Outcome
Appeal dismissed; judgment of the Court of Appeal for Manitoba and trial judgment affirmed with costs.
Legal Topics
Negligence, Vicarious Liability, Scope of Employment, Inter Switching, Jury Findings, Contributory Negligence, Yardmaster Authority, Blue Flag Safety Rule
Source Language
English
Transportation Torts Employment Law Agency Law Railway Law Negligence Vicarious Liability Scope of Employment +5 more

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Parties

Grand Trunk Pacific Railway Company

Appellant/defendant

Arthur Godfrey Pickering

Respondent/plaintiff

Procedural Posture

Civil Appeal (personal Injury Tort) / Appeal to the Supreme Court of Canada From the Court of Appeal for Manitoba

Legal Issues

  1. 1 Were the defendants' servants acting within the scope of their employment when they coupled cars to the standing train?
  2. 2 Is the employer liable for negligent acts of its servants performed during that operation?
  3. 3 Was contributory negligence established by the plaintiff?

Ratio Decidendi

The jury had evidence to find the Grand Trunk Pacific crew acted within the scope of their employment when they moved and coupled the cars to the standing train; their negligent coupling caused the plaintiff's injury; therefore the employer is liable and the trial and appellate courts' verdict and judgment must be affirmed.

Court Disposition

Appeal dismissed; judgment of the Court of Appeal for Manitoba and trial judgment affirmed with costs.

Orders

  • Appeal dismissed with costs
  • Judgment for plaintiff in amount $11,000 affirmed