Canadian Pacific Railway Co. v. Smith

Canadian Pacific Railway Co. v. Smith

Where plaintiff adduces no evidence of negligent construction of the track or negligent operation (such as excessive speed) the judge must not submit the case to the jury; here the evidence did not show negligence by the railway and the injury was attributable to the plaintiff’s own conduct, so the railway is not...

Source-derived case information.

Citation
(1901) 31 SCR 367
Parties
Appellant / Defendant: Canadian Pacific Railway Company; Respondent / Plaintiff: Jessie E. Smith
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
17 May 1901
Procedural Posture
Tort Negligence Passenger Injury / Appeal to Supreme Court of Canada From Supreme Court of Nova Scotia; Judgment Reversing Provincial Court Order Granting New Trial and Entering Judgment for Defendant at Trial
Outcome
Appeal allowed; action dismissed with costs
Legal Topics
Duty of Care, Standard of Care, Proof of Negligence, Contributory Negligence, Jury Direction
Source Language
english
Torts Negligence Railway Law Duty of Care Standard of Care Proof of Negligence Contributory Negligence Jury Direction

Source-derived case record

Summary, issues, holding and outcome

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Parties

Canadian Pacific Railway Company

Appellant / Defendant

Jessie E. Smith

Respondent / Plaintiff

Procedural Posture

Tort Negligence Passenger Injury / Appeal to Supreme Court of Canada From Supreme Court of Nova Scotia; Judgment Reversing Provincial Court Order Granting New Trial and Entering Judgment for Defendant at Trial

Legal Issues

  1. 1 Whether there was any evidence of negligent construction of the roadbed or negligent operation of the train
  2. 2 Whether the trial judge erred in withdrawing the case from the jury when there was claimed evidence of negligence
  3. 3 Whether the plaintiff’s own actions/inexperience caused the injury (contributory negligence)

Ratio Decidendi

Where plaintiff adduces no evidence of negligent construction of the track or negligent operation (such as excessive speed) the judge must not submit the case to the jury; here the evidence did not show negligence by the railway and the injury was attributable to the plaintiff’s own conduct, so the railway is not liable.

Court Disposition

Appeal allowed; action dismissed with costs

Orders

  • Appeal allowed
  • Action dismissed