Wellington Colliery Co. v. Pacific Coast Coal Mines

Wellington Colliery Co. v. Pacific Coast Coal Mines

The defence of a verbal consent by the deceased manager, proved by two witnesses, was sufficient to justify the respondent's taking of coal; the Court of Appeal correctly reversed the trial judge's rejection of the witnesses and the Supreme Court affirmed, dismissing the appeal and finding the respondent not liable for trespass.

Citation
(1920) 60 SCR 651
Parties
Appellant / Plaintiff: Wellington Colliery Company; Respondent / Defendant: Pacific Coast Coal Mines
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
8 March 1920
Procedural Posture
Civil Appeal (trespass/damages) / Appeal to the Supreme Court of Canada From the Court of Appeal for British Columbia
Outcome
Appeal dismissed with costs; judgment of the Court of Appeal for British Columbia affirmed.
Legal Topics
Trespass, Verbal Agreement/consent, Admissibility of Evidence After Death of Principal, Credibility and Appellate Review, Damages
Source Language
English
Evidence Tort Property Trespass Verbal Agreement/consent Admissibility of Evidence After Death of Principal Credibility and Appellate Review Damages

Case Brief

Summary, issues, holding and outcome

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Parties

Wellington Colliery Company

Appellant / Plaintiff

Pacific Coast Coal Mines

Respondent / Defendant

Procedural Posture

Civil Appeal (trespass/damages) / Appeal to the Supreme Court of Canada From the Court of Appeal for British Columbia

Legal Issues

  1. 1 Whether respondent was liable in trespass for removing coal from appellant's mine
  2. 2 Whether a verbal agreement with a now deceased manager (Coulson) proved by witnesses could justify respondent's conduct and be relied on as a defence
  3. 3 Whether the trial judge properly rejected the witnesses' evidence and whether appellate review was warranted

Ratio Decidendi

The defence of a verbal consent by the deceased manager, proved by two witnesses, was sufficient to justify the respondent's taking of coal; the Court of Appeal correctly reversed the trial judge's rejection of the witnesses and the Supreme Court affirmed, dismissing the appeal and finding the respondent not liable for trespass.

Court Disposition

Appeal dismissed with costs; judgment of the Court of Appeal for British Columbia affirmed.

Orders

  • Appeal dismissed with costs
  • Judgment of the Court of Appeal for British Columbia reversing the trial judge and dismissing the appellant's action affirmed