Canadian Pacific Railway Co. v. Hinrich

Canadian Pacific Railway Co. v. Hinrich

The railway was liable because, although the deceased was a trespasser and initially negligent, the engine driver observed the danger and thereafter failed to take necessary steps (apply the emergency brake) to avoid the accident; that failure was the determining proximate cause of death.

Citation
(1913) 48 SCR 557
Parties
Defendant/appellant: Canadian Pacific Railway Co.; Plaintiff/respondent: Sarah Hinrich
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
30 October 1913
Procedural Posture
Civil Appeal (negligence/wrongful Death) / On Appeal to the Supreme Court of Canada From the Court of Appeal for British Columbia; Appeal Dismissed
Outcome
Appeal dismissed with costs; judgment for plaintiff entered in accordance with the jury verdict.
Legal Topics
Excessive Speed, Trespasser, Proximate Cause, Duty to Avoid Harm, Statutory Breach
Source Language
English
Transportation Torts Negligence Railway Law Excessive Speed Trespasser Proximate Cause Duty to Avoid Harm +1 more

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Parties

Canadian Pacific Railway Co.

Defendant/appellant

Sarah Hinrich

Plaintiff/respondent

Procedural Posture

Civil Appeal (negligence/wrongful Death) / On Appeal to the Supreme Court of Canada From the Court of Appeal for British Columbia; Appeal Dismissed

Legal Issues

  1. 1 Whether a railway is liable for death of a trespasser who disregarded danger signals
  2. 2 Whether the trespass and breach of the Railway Act by the deceased was the sole cause of the accident
  3. 3 Whether the engine driver had a duty to take additional steps (apply emergency brakes) once he became aware of the danger

Ratio Decidendi

The railway was liable because, although the deceased was a trespasser and initially negligent, the engine driver observed the danger and thereafter failed to take necessary steps (apply the emergency brake) to avoid the accident; that failure was the determining proximate cause of death.

Court Disposition

Appeal dismissed with costs; judgment for plaintiff entered in accordance with the jury verdict.

Orders

  • Appeal dismissed with costs.
  • Judgment entered for plaintiff in conformity with the jury verdict awarding $6,000 ($3,000 to widow and $3,000 to infant child).