City of St. John v. MacDonald

City of St. John v. MacDonald

The City, as operator of the ferry, was liable for the plaintiff's injuries caused by negligent mooring practices (letting down the guard chain and failing to secure the boat), and the plaintiff's conduct did not constitute such contributory negligence as to defeat recovery; the evidence of negligence was sufficient for the jury and their verdict was properly upheld.

Citation
(1886) 14 SCR 1
Parties
Appellant/defendant: The Mayor, Aldermen and Commonalty of the City of Saint John; Respondent/plaintiff: Roderic MacDonald
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
8 June 1886
Procedural Posture
Civil Tort Appeal (personal Injury/transportation) / Appeal to the Supreme Court of Canada From the Supreme Court of New Brunswick
Outcome
Appeal dismissed with costs.
Legal Topics
Ferry Operator Liability, Mooring Negligence, Contributory Negligence, Carrier Duty to Passengers, Through Ticket as Fare
Source Language
English
Transportation Torts Negligence Municipal Liability Contract of Carriage Ferry Operator Liability Mooring Negligence Contributory Negligence +2 more

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Parties

The Mayor, Aldermen and Commonalty of the City of Saint John

Appellant/defendant

Roderic MacDonald

Respondent/plaintiff

Procedural Posture

Civil Tort Appeal (personal Injury/transportation) / Appeal to the Supreme Court of Canada From the Supreme Court of New Brunswick

Legal Issues

  1. 1 Whether a municipal corporation operating a ferry is liable for injuries caused by negligent acts of its officers
  2. 2 Whether acceptance of a through railway ticket coupon constituted payment/contract to carry and imposed carrier duties on the ferry operator
  3. 3 Whether the plaintiff's conduct constituted contributory negligence to bar recovery

Ratio Decidendi

The City, as operator of the ferry, was liable for the plaintiff's injuries caused by negligent mooring practices (letting down the guard chain and failing to secure the boat), and the plaintiff's conduct did not constitute such contributory negligence as to defeat recovery; the evidence of negligence was sufficient for the jury and their verdict was properly upheld.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs in this court and in the court below.
  • Verdict for plaintiff for $3000 upheld.