Anderson and Eddy v. Canadian Northern Ry. Co.

Anderson and Eddy v. Canadian Northern Ry. Co.

Section 294 is intra vires and governs liability: owners who permit animals to be at large within half a mile of a level railway‑highway intersection are deprived of a remedy if the animals are killed at the intersection (sub‑section 3), and if killed beyond the intersection the company is liable only unless it...

Source-derived case information.

Citation
(1918) 57 SCR 134
Parties
Appellants (plaintiffs): James Anderson and Thorne Eddy; Respondent (defendant): The Canadian Northern Railway Company
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
25 June 1918
Procedural Posture
Appeal (civil Tort Damages for Animals Killed) / Appeal to Supreme Court of Canada From Supreme Court of Saskatchewan Decision Affirming Trial Judgment
Outcome
Appeal dismissed with costs
Legal Topics
Animals at Large, Railway Crossings, Statutory Liability, Cattle Guards, Ultra Vires
Source Language
english
Transportation Property Torts Statutory Interpretation Animals at Large Railway Crossings Statutory Liability Cattle Guards +1 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

James Anderson and Thorne Eddy

Appellants (plaintiffs)

The Canadian Northern Railway Company

Respondent (defendant)

Procedural Posture

Appeal (civil Tort Damages for Animals Killed) / Appeal to Supreme Court of Canada From Supreme Court of Saskatchewan Decision Affirming Trial Judgment

Legal Issues

  1. 1 Whether s.294 of the Railway Act is intra vires Parliament and conflicts with provincial law
  2. 2 Construction and effect of s.294 subsections 3,4 and 5 on owners' right to recover for animals killed
  3. 3 Whether the company is liable where cattle-guards under s.254 were not maintained

Ratio Decidendi

Section 294 is intra vires and governs liability: owners who permit animals to be at large within half a mile of a level railway‑highway intersection are deprived of a remedy if the animals are killed at the intersection (sub‑section 3), and if killed beyond the intersection the company is liable only unless it proves the animals got at large through the owner's negligence or wilful act (sub‑section 4); here the ponies were at large by the plaintiffs' wilful act so no recovery lies and the failure to maintain cattle‑guards under s.254 does not displace s.294.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs