T. Eaton Co. v. Sangster

T. Eaton Co. v. Sangster

The Supreme Court dismissed the appeal, thereby affirming the appellate courts' reversal of the trial judge; where evidence could reasonably support a finding of negligence, dismissal for 'no evidence' was erroneous and a new trial was properly ordered.

Source-derived case information.

Citation
(1895) 24 SCR 708
Parties
Appellant/defendant: T. Eaton Co.; Respondent/plaintiff: Sangster
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
2 April 1895
Procedural Posture
Tort Negligence / Appeal to Supreme Court of Canada From Court of Appeal for Ontario
Outcome
Appeal dismissed; order of the Court of Appeal affirmed.
Legal Topics
Duty of Care, Evidence Sufficiency for Jury, Liability for Falling Object, Standard of Care for Infants
Source Language
english
Torts Negligence Contributory Negligence Infant Law Duty of Care Evidence Sufficiency for Jury Liability for Falling Object Standard of Care for Infants

Source-derived case record

Summary, issues, holding and outcome

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Parties

T. Eaton Co.

Appellant/defendant

Sangster

Respondent/plaintiff

Procedural Posture

Tort Negligence / Appeal to Supreme Court of Canada From Court of Appeal for Ontario

Legal Issues

  1. 1 Whether defendants were negligent in allowing a portable mirror to fall on the infant
  2. 2 Whether there was contributory negligence by the infant or guardian
  3. 3 Whether the trial judge properly held there was no evidence to be submitted to the jury and dismissed the action

Ratio Decidendi

The Supreme Court dismissed the appeal, thereby affirming the appellate courts' reversal of the trial judge; where evidence could reasonably support a finding of negligence, dismissal for 'no evidence' was erroneous and a new trial was properly ordered.

Court Disposition

Appeal dismissed; order of the Court of Appeal affirmed.

Orders

  • Appeal dismissed with costs
  • Order of the Court of Appeal (affirming Divisional Court and ordering a new trial) stands