Bell Telephone Co. v. Chatham (City)

Bell Telephone Co. v. Chatham (City)

The court held that the uncontrollable running away of the horses was the proximate and sole cause of the accident, not the lawfully placed telephone pole, and therefore the municipality was not liable to the plaintiffs; the municipality was nevertheless ordered to pay the Telephone Company's costs as that company had been brought in as third party and had placed the pole by authority of the corporation.

Citation
(1900) 31 SCR 61
Parties
Plaintiffs: Mary Louisa Atkinson and Others; Defendant/appellant: City of Chatham; Third Party/appellant: Bell Telephone Co.
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
13 November 1900
Procedural Posture
Torts / Appeal to Supreme Court of Canada From Court of Appeal for Ontario
Outcome
Appeal of defendant (City of Chatham) allowed; action dismissed with costs; corporation ordered to pay Telephone Company's costs of this appeal and costs incurred because they were made third party.
Legal Topics
Proximate Cause, Third Party Indemnity, Highway Obstruction, Contributory Negligence, Costs
Source Language
English
Torts Negligence Municipal Law Civil Procedure Proximate Cause Third Party Indemnity Highway Obstruction Contributory Negligence +1 more

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Parties

Mary Louisa Atkinson and Others

Plaintiffs

City of Chatham

Defendant/appellant

Bell Telephone Co.

Third Party/appellant

Procedural Posture

Torts / Appeal to Supreme Court of Canada From Court of Appeal for Ontario

Legal Issues

  1. 1 Whether the telephone pole was the proximate cause of the accident
  2. 2 Whether the municipality was liable for a pole lawfully placed by a third party by authority of the corporation
  3. 3 Whether the third party (Bell Telephone Co.) must indemnify the municipality

Ratio Decidendi

The court held that the uncontrollable running away of the horses was the proximate and sole cause of the accident, not the lawfully placed telephone pole, and therefore the municipality was not liable to the plaintiffs; the municipality was nevertheless ordered to pay the Telephone Company's costs as that company had been brought in as third party and had placed the pole by authority of the corporation.

Court Disposition

Appeal of defendant (City of Chatham) allowed; action dismissed with costs; corporation ordered to pay Telephone Company's costs of this appeal and costs incurred because they were made third party.

Orders

  • Appeal of the Corporation of the City of Chatham allowed
  • Action dismissed with costs