Hawley v. Wright

Hawley v. Wright

The death resulted solely from the deceased's own negligent conduct in attempting to exit without warning while the door was being closed and the elevator was moving; the operator acted reasonably and performed his duty, therefore the defendant is not liable.

Source-derived case information.

Citation
(1902) 32 SCR 40
Parties
Plaintiff Appellant: William H. Hawley, Administrator of the Estate of Murdoch L. Hawley, Deceased; Defendant Respondent: George Wright
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
20 February 1902
Procedural Posture
Tort Negligence (wrongful Death) / Appeal to the Supreme Court of Canada From the Supreme Court of Nova Scotia
Outcome
Appeal dismissed with costs; judgment of the Supreme Court of Nova Scotia affirmed.
Legal Topics
Duty of Care, Standard of Care, Assumption of Risk, Licensee Vs Invitee, Causation, Customary Ingress/egress Rules
Source Language
english
Torts Negligence Personal Injuries Contributory Negligence Duty of Care Standard of Care Assumption of Risk Licensee Vs Invitee +2 more

Source-derived case record

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Parties

William H. Hawley, Administrator of the Estate of Murdoch L. Hawley, Deceased

Plaintiff Appellant

George Wright

Defendant Respondent

Procedural Posture

Tort Negligence (wrongful Death) / Appeal to the Supreme Court of Canada From the Supreme Court of Nova Scotia

Legal Issues

  1. 1 Whether defendant negligently operated the elevator
  2. 2 Whether the deceased's conduct constituted contributory negligence
  3. 3 Whether the operator had a duty to ascertain the passenger's destination

Ratio Decidendi

The death resulted solely from the deceased's own negligent conduct in attempting to exit without warning while the door was being closed and the elevator was moving; the operator acted reasonably and performed his duty, therefore the defendant is not liable.

Court Disposition

Appeal dismissed with costs; judgment of the Supreme Court of Nova Scotia affirmed.

Orders

  • Appeal dismissed with costs.
  • Judgment of the Supreme Court of Nova Scotia affirming verdict for defendant upheld.