Albion Motor Express Co. v. City of New Westminster

Albion Motor Express Co. v. City of New Westminster

The Court affirmed that the driver did not exercise ordinary care and could have avoided the danger by driving differently; because the driver's negligence was the operative cause of the accident, the municipality was not held liable and the action was dismissed.

Source-derived case information.

Citation
(1918) 59 SCR 655
Parties
Appellant/plaintiff: Albion Motor Express Co.; Respondent/defendant: City of New Westminster
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
12 October 1918
Procedural Posture
Negligence (tort) / Appeal to the Supreme Court of Canada (final)
Outcome
Appeal dismissed; judgment of the Court of Appeal affirming the trial judgment dismissing the action affirmed.
Legal Topics
Oiling of Roadway, Roadway Maintenance, Standard of Care, Contributory Negligence
Source Language
english
Torts Highway Law Municipal Liability Negligence Oiling of Roadway Roadway Maintenance Standard of Care Contributory Negligence

Source-derived case record

Summary, issues, holding and outcome

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Parties

Albion Motor Express Co.

Appellant/plaintiff

City of New Westminster

Respondent/defendant

Procedural Posture

Negligence (tort) / Appeal to the Supreme Court of Canada (final)

Legal Issues

  1. 1 Whether the municipality was liable for damages caused by oiling a roadway without sanding
  2. 2 Whether the driver of the truck failed to exercise ordinary care and thus caused the accident
  3. 3 Whether the driver's conduct was the proximate cause of the loss, absolving the municipality

Ratio Decidendi

The Court affirmed that the driver did not exercise ordinary care and could have avoided the danger by driving differently; because the driver's negligence was the operative cause of the accident, the municipality was not held liable and the action was dismissed.

Court Disposition

Appeal dismissed; judgment of the Court of Appeal affirming the trial judgment dismissing the action affirmed.

Orders

  • Appeal dismissed with costs
  • Judgment of the Court of Appeal for British Columbia affirmed