Grand Trunk Ry. Co. of Canada and City of Montreal v. McDonald

Grand Trunk Ry. Co. of Canada and City of Montreal v. McDonald

When independent negligent acts by servants of two parties concurrently and directly contribute to an accident, both parties are jointly and severally liable for the whole damage under art.1106 C.C.; a jury finding of negligence and absence of contributory fault will be upheld absent manifest error, and interruption of prescription against one solidary debtor interrupts prescription as to all.

Citation
(1918) 57 SCR 268
Parties
Appellant/defendant: Grand Trunk Railway Company of Canada; Appellant/defendant: City of Montreal; Respondent/plaintiff: Maud McDonald
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
8 October 1918
Procedural Posture
Torts Negligence / Appeal to Supreme Court of Canada From Superior Court of Quebec (court of Review)
Outcome
Appeal dismissed with costs
Legal Topics
Negligence, Joint and Several Liability, Causation, Prescription, Notice Requirements
Source Language
English
Torts Municipal Law Railway Law Civil Procedure Negligence Joint and Several Liability Causation Prescription +1 more

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Parties

Grand Trunk Railway Company of Canada

Appellant/defendant

City of Montreal

Appellant/defendant

Maud McDonald

Respondent/plaintiff

Procedural Posture

Torts Negligence / Appeal to Supreme Court of Canada From Superior Court of Quebec (court of Review)

Legal Issues

  1. 1 Whether negligence could be inferred by the jury against both defendants
  2. 2 Whether the deceased's death was caused by his own fault (contributory negligence)
  3. 3 Whether defendants are jointly and severally liable where independent negligent acts by servants of both concurrently contributed to the accident

Ratio Decidendi

When independent negligent acts by servants of two parties concurrently and directly contribute to an accident, both parties are jointly and severally liable for the whole damage under art.1106 C.C.; a jury finding of negligence and absence of contributory fault will be upheld absent manifest error, and interruption of prescription against one solidary debtor interrupts prescription as to all.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs
  • Defendants jointly and severally liable to pay respondent $6,000 and costs