W. J. McGuire Co. v. Bridger

W. J. McGuire Co. v. Bridger

Where a contractor’s foreman, acting with the authority (actual or apparent) of the contractor, supervised or directed the placement of dangerous material consigned to the contractor and that material was in the contractor’s care, the contractor is liable for injuries caused by negligent placement; agency and scope are factual questions for the jury and the jury’s finding of authority and negligence will be upheld absent clear error.

Citation
(1914) 49 SCR 632
Parties
Appellant / Defendant: W. J. McGuire & Company, Limited; Respondent / Plaintiff: Ellen S. Bridger (widow and tutrix); Co Defendant / Sub Contractor: Robb Engineering Company, Limited; Co Defendant / Carrier: Meldrum Bros., Limited; Co Defendant / Individual Driver: Emile Gellin
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
18 May 1914
Procedural Posture
Tort Negligence / Wrongful Death / Appeal to the Supreme Court of Canada From Superior Court (sitting in Review); Judgment Affirmed
Outcome
Appeal dismissed; judgment of Superior Court (sitting in review) affirmed
Legal Topics
Negligence, Sub Contracting, Vicarious Liability, Duty of Care to Invitees, Contributory Negligence, Authority of Foreman / Scope of Employment
Source Language
English
Torts Contract Law Agency Law Occupiers' Liability Negligence Sub Contracting Vicarious Liability Duty of Care to Invitees +2 more

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Parties

W. J. McGuire & Company, Limited

Appellant / Defendant

Ellen S. Bridger (widow and tutrix)

Respondent / Plaintiff

Robb Engineering Company, Limited

Co Defendant / Sub Contractor

Meldrum Bros., Limited

Co Defendant / Carrier

Emile Gellin

Co Defendant / Individual Driver

Procedural Posture

Tort Negligence / Wrongful Death / Appeal to the Supreme Court of Canada From Superior Court (sitting in Review); Judgment Affirmed

Legal Issues

  1. 1 Was the deceased lawfully on the premises (invitee)?
  2. 2 Was the boiler plate in the care of McGuire & Co. when placed?
  3. 3 Did Finlay (foreman) act as servant/agent of McGuire & Co. in directing placement?

Ratio Decidendi

Where a contractor’s foreman, acting with the authority (actual or apparent) of the contractor, supervised or directed the placement of dangerous material consigned to the contractor and that material was in the contractor’s care, the contractor is liable for injuries caused by negligent placement; agency and scope are factual questions for the jury and the jury’s finding of authority and negligence will be upheld absent clear error.

Court Disposition

Appeal dismissed; judgment of Superior Court (sitting in review) affirmed

Orders

  • Judgment for plaintiff in the sum of $5,000 with costs
  • Amounts apportioned: $2,500 to plaintiff personally and $1,250 to each of two minor children