McLaughlin v. Long

McLaughlin v. Long

The owner was civilly liable under the Motor Vehicle Law for injury caused by the servant’s negligent driving; the jury’s finding of contributory negligence by the infant was unsupported because the infant’s conduct was not a proximate or efficient cause of the injury, therefore The Contributory Negligence Act did...

Source-derived case information.

Citation
[1927] SCR 303
Parties
Defendant Appellant: Mary E. McLaughlin and Others, trading as Estate Wm. McLaughlin; Plaintiff Respondent: Edwin W. Long; Plaintiff Respondent: Joseph John Long (infant) by Edwin W. Long his next friend
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
1 February 1927
Procedural Posture
Tort — Negligence — Appeal to Supreme Court of Canada From New Brunswick Appeal Division / Final Decision on Appeal
Legal Topics
Negligence, Vicarious Liability, Contributory Negligence, Proximate Cause, Damages for Personal Injury, Owner Liability Under Motor Vehicle Statute
Source Language
english
Torts Motor Vehicle Law Statutory Interpretation Negligence Vicarious Liability Contributory Negligence Proximate Cause Damages for Personal Injury +1 more

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Parties

Mary E. McLaughlin and Others, trading as Estate Wm. McLaughlin

Defendant Appellant

Edwin W. Long

Plaintiff Respondent

Joseph John Long (infant) by Edwin W. Long his next friend

Plaintiff Respondent

Procedural Posture

Tort — Negligence — Appeal to Supreme Court of Canada From New Brunswick Appeal Division / Final Decision on Appeal

Legal Issues

  1. 1 Whether owner liable under Motor Vehicle Law s.4 for servant’s negligent driving
  2. 2 Whether the infant plaintiff’s conduct constituted contributory negligence in law
  3. 3 Whether The Contributory Negligence Act, 1925 applied to reduce damages

Ratio Decidendi

The owner was civilly liable under the Motor Vehicle Law for injury caused by the servant’s negligent driving; the jury’s finding of contributory negligence by the infant was unsupported because the infant’s conduct was not a proximate or efficient cause of the injury, therefore The Contributory Negligence Act did not apply to reduce damages and the plaintiffs were entitled to judgment for the full amounts found by the jury before reduction.