Calgary (City) v. Harnovis

Calgary (City) v. Harnovis

The motorman's failure to use the appliances to reduce speed or stop after seeing the plaintiffs' van placed him as the decisive cause of the collision, so the plaintiffs' prior carelessness was excused and recovery was warranted.

Source-derived case information.

Citation
(1913) 48 SCR 494
Parties
Appellant/defendant: City of Calgary; Respondent/plaintiff: Lupo Harnovis; Respondent/plaintiff: Dave Hercovish
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
15 October 1913
Procedural Posture
Torts Negligence / Appeal to Supreme Court of Canada From Supreme Court of Alberta
Outcome
Appeal dismissed; judgment of Supreme Court of Alberta affirmed.
Legal Topics
Contributory Negligence, Duty of Care, Causation, Operator Negligence
Source Language
english
Torts Negligence Municipal Liability Transport/tramway Accidents Contributory Negligence Duty of Care Causation Operator Negligence

Source-derived case record

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Parties

City of Calgary

Appellant/defendant

Lupo Harnovis

Respondent/plaintiff

Dave Hercovish

Respondent/plaintiff

Procedural Posture

Torts Negligence / Appeal to Supreme Court of Canada From Supreme Court of Alberta

Legal Issues

  1. 1 Whether plaintiffs' contributory negligence barred recovery
  2. 2 Whether the motorman's failure to take precautions after becoming aware of plaintiffs' peril was the decisive cause of the collision
  3. 3 Whether the Halifax Tramway Co. v. Inglis precedent applied

Ratio Decidendi

The motorman's failure to use the appliances to reduce speed or stop after seeing the plaintiffs' van placed him as the decisive cause of the collision, so the plaintiffs' prior carelessness was excused and recovery was warranted.

Court Disposition

Appeal dismissed; judgment of Supreme Court of Alberta affirmed.

Orders

  • Appeal dismissed with costs
  • Judgment of the trial court in favour of the plaintiffs affirmed