McMullin v. Nova Scotia Steel & Coal Co.

McMullin v. Nova Scotia Steel & Coal Co.

Majority held that s.251 of the Nova Scotia Railway Act applied to persons lawfully on the track including company workmen and imposed an absolute duty on the company to station a person on the last car to warn persons; the company breached that statutory duty (no person was stationed and bell was inoperative) and...

Source-derived case information.

Citation
(1907) 39 SCR 593
Parties
Appellants (plaintiffs): Elizabeth McMullin and Others; Respondents (defendants): The Nova Scotia Steel and Coal Company
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
13 December 1907
Procedural Posture
Tort (wrongful Death/negligence) / Appeal From the Supreme Court of Nova Scotia to the Supreme Court of Canada; Decision on Appeal
Outcome
Appeal allowed; judgment of the trial court restored in favour of the plaintiffs.
Legal Topics
Common Employment Doctrine, Employer's Liability, Statutory Duty to Warn, Contributory Negligence, Fatal Injuries Act (lord Campbell's Act), Railway Safety Regulation
Source Language
english
Torts Railway Law Employment Law Statutory Duty Negligence Common Employment Doctrine Employer's Liability Statutory Duty to Warn +3 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 13 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Elizabeth McMullin and Others

Appellants (plaintiffs)

The Nova Scotia Steel and Coal Company

Respondents (defendants)

Procedural Posture

Tort (wrongful Death/negligence) / Appeal From the Supreme Court of Nova Scotia to the Supreme Court of Canada; Decision on Appeal

Legal Issues

  1. 1 Whether s.251 of the Nova Scotia Railway Act applies to servants/employees as well as the public
  2. 2 Whether statutory duty to station a person on the last car is an absolute duty rendering the company liable notwithstanding fellow-servant negligence
  3. 3 Whether the doctrine of common employment bars recovery or whether Employers' Liability Act/Fatal Injuries Act provide recovery

Ratio Decidendi

Majority held that s.251 of the Nova Scotia Railway Act applied to persons lawfully on the track including company workmen and imposed an absolute duty on the company to station a person on the last car to warn persons; the company breached that statutory duty (no person was stationed and bell was inoperative) and therefore was liable notwithstanding the fact that the immediate omission involved fellow servants; appeal allowed and trial judgment restored.

Court Disposition

Appeal allowed; judgment of the trial court restored in favour of the plaintiffs.

Orders

  • Appeal allowed
  • Judgment of trial judge restored