Kelliher (Village of) v. Smith

Kelliher (Village of) v. Smith

Majority held the jury could reasonably find municipal negligence in failing to inspect and keep the extinguisher in working order and could reasonably find the plaintiff not contributorily negligent in his operation; volenti did not apply; Rylands v. Fletcher did not impose strict liability; therefore the appeal was dismissed and the Court of Appeal judgment for the plaintiff was upheld.

Citation
[1931] SCR 672
Parties
Defendant (appellant): Village of Kelliher; Plaintiff (respondent): A. C. Smith
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
23 June 1931
Procedural Posture
Tort (negligence) / Appeal to Supreme Court of Canada From Court of Appeal for Saskatchewan
Outcome
Appeal dismissed (majority); judgment of Court of Appeal for Saskatchewan in favour of plaintiff affirmed; costs to respondent.
Legal Topics
Contributory Negligence, Volenti Non Fit Injuria, Rylands V. Fletcher Doctrine, Duty of Care, Expert Evidence Admissibility, Jury Direction
Source Language
English
Torts Municipal Liability Negligence Contributory Negligence Volenti Non Fit Injuria Rylands V. Fletcher Doctrine Duty of Care Expert Evidence Admissibility +1 more

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Parties

Village of Kelliher

Defendant (appellant)

A. C. Smith

Plaintiff (respondent)

Procedural Posture

Tort (negligence) / Appeal to Supreme Court of Canada From Court of Appeal for Saskatchewan

Legal Issues

  1. 1 Was the municipality negligent in failing to inspect and maintain a chemical fire extinguisher?
  2. 2 Was the councillor plaintiff contributorily negligent in operating the extinguisher?
  3. 3 Does volenti non fit injuria bar recovery?

Ratio Decidendi

Majority held the jury could reasonably find municipal negligence in failing to inspect and keep the extinguisher in working order and could reasonably find the plaintiff not contributorily negligent in his operation; volenti did not apply; Rylands v. Fletcher did not impose strict liability; therefore the appeal was dismissed and the Court of Appeal judgment for the plaintiff was upheld.

Court Disposition

Appeal dismissed (majority); judgment of Court of Appeal for Saskatchewan in favour of plaintiff affirmed; costs to respondent.

Orders

  • Appeal dismissed
  • Judgment for plaintiff in amount $6,450.26 affirmed