Ottawa Electric Co. v. Crepin

Ottawa Electric Co. v. Crepin

The presence of a live electric wire on the sidewalk under the defendant's control, together with the lack of an adequate explanation, provided reasonable evidence of negligence permitting the jury to infer defendant's liability; plaintiffs were not required to particularize the underlying cause, and the jury's finding that negligence lay in the wire's defective location and inadequate inspection was supported by the evidence, so the appeal was dismissed.

Citation
[1931] SCR 407
Parties
Defendant Appellant: Ottawa Electric Company; Plaintiff Respondent: Leo Crepin (infant) by his next friend Augustin Crepin; Plaintiff Respondent: Augustin Crepin
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
28 April 1931
Procedural Posture
Civil Tort Appeal / Final Appeal to the Supreme Court of Canada From Appellate Division of Ontario
Outcome
Appeal dismissed with costs; judgment of the Appellate Division affirmed.
Legal Topics
Negligence, Res Ipsa Loquitur, Burden of Proof, Inspection Duties, Causation, Damages
Source Language
English
Torts Negligence Res Ipsa Loquitur Burden of Proof Inspection Duties Causation Damages

Case Brief

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Parties

Ottawa Electric Company

Defendant Appellant

Leo Crepin (infant) by his next friend Augustin Crepin

Plaintiff Respondent

Augustin Crepin

Plaintiff Respondent

Procedural Posture

Civil Tort Appeal / Final Appeal to the Supreme Court of Canada From Appellate Division of Ontario

Legal Issues

  1. 1 Whether evidence of a live electric wire on the sidewalk under defendant's control permits an inference of negligence (res ipsa loquitur)
  2. 2 Whether plaintiffs were required to particularize the facts causing the wire to fall when they pleaded negligence
  3. 3 Whether the evidence supported the jury finding that the wire's location and inadequate inspection caused the accident

Ratio Decidendi

The presence of a live electric wire on the sidewalk under the defendant's control, together with the lack of an adequate explanation, provided reasonable evidence of negligence permitting the jury to infer defendant's liability; plaintiffs were not required to particularize the underlying cause, and the jury's finding that negligence lay in the wire's defective location and inadequate inspection was supported by the evidence, so the appeal was dismissed.

Court Disposition

Appeal dismissed with costs; judgment of the Appellate Division affirmed.

Orders

  • Appeal dismissed with costs to respondents
  • Judgment of the Appellate Division of the Supreme Court of Ontario affirmed