Canadian Pacific Ry. Co. v. Hansen

Canadian Pacific Ry. Co. v. Hansen

Appeal dismissed: the evidence did not conclusively establish contributory negligence to justify withdrawing the case from the jury, and the appellants cannot now challenge a charge correction they specifically requested and accepted at trial; therefore the trial verdict and subsequent affirmation stand.

Citation
(1908) 40 SCR 194
Parties
Defendant Appellant: Canadian Pacific Railway Company; Plaintiff Respondent: Charles Hansen
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
5 May 1908
Procedural Posture
Civil Appeal (tort/personal Injury) / On Appeal to the Supreme Court of Canada From the Supreme Court of the North West Territories
Outcome
Appeal dismissed with costs.
Legal Topics
Railway Liability, Contributory Negligence, Misdirection to Jury, Duty to Warn, Damages
Source Language
English
Transportation Torts Negligence Civil Procedure Railway Liability Contributory Negligence Misdirection to Jury Duty to Warn +1 more

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Parties

Canadian Pacific Railway Company

Defendant Appellant

Charles Hansen

Plaintiff Respondent

Procedural Posture

Civil Appeal (tort/personal Injury) / On Appeal to the Supreme Court of Canada From the Supreme Court of the North West Territories

Legal Issues

  1. 1 Whether the railway was negligent in relation to the sloping platform and yard-siding shunting operations
  2. 2 Whether the plaintiff was contributorily negligent so as to require withdrawal of the case from the jury
  3. 3 Whether the trial judge's charge to the jury was misleading and whether objection and correction at trial preclude appellate review

Ratio Decidendi

Appeal dismissed: the evidence did not conclusively establish contributory negligence to justify withdrawing the case from the jury, and the appellants cannot now challenge a charge correction they specifically requested and accepted at trial; therefore the trial verdict and subsequent affirmation stand.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.
  • Judgment of the Supreme Court of the North West Territories affirming the trial judgment awarding the plaintiff $6,500 plus costs is affirmed.