Jalbert v. Cité de Sherbrooke

Jalbert v. Cité de Sherbrooke

The City was liable under Civil Code art. 1054 for explosive gas that entered the house from its distribution system; the husband was not at fault because he neither knew nor ought to have known of the dangerous presence of propane which, being heavier than air, would not be obvious to a reasonably prudent layman, and contributory negligence was not proven.

Citation
[1962] SCR 94
Parties
Appellant (plaintiff): Dame Irène Jalbert; Respondent (defendant): La Cité de Sherbrooke
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
3 October 1961
Procedural Posture
Torts / Appeal to Supreme Court of Canada From Court of Queen's Bench
Outcome
Appeal allowed; judgment of the Superior Court restored
Legal Topics
Liability for Escaped Gas, Contributory Negligence, Strict Liability Under Civil Code Article 1054
Source Language
English
Torts Civil Liability Property Damage Liability for Escaped Gas Contributory Negligence Strict Liability Under Civil Code Article 1054

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Parties

Dame Irène Jalbert

Appellant (plaintiff)

La Cité de Sherbrooke

Respondent (defendant)

Procedural Posture

Torts / Appeal to Supreme Court of Canada From Court of Queen's Bench

Legal Issues

  1. 1 Whether the City was liable for damage caused by gas escaping from its distribution system under Civil Code art. 1054
  2. 2 Whether the deceased husband was contributorily at fault for permitting use of a cigarette lighter in the basement
  3. 3 Whether a reasonably prudent layman could be expected to know that propane is heavier than air and would pool at floor level

Ratio Decidendi

The City was liable under Civil Code art. 1054 for explosive gas that entered the house from its distribution system; the husband was not at fault because he neither knew nor ought to have known of the dangerous presence of propane which, being heavier than air, would not be obvious to a reasonably prudent layman, and contributory negligence was not proven.

Court Disposition

Appeal allowed; judgment of the Superior Court restored

Orders

  • Appeal allowed with costs
  • Restore trial judgment awarding $5,890.36 to appellant's late husband (now appellant as universal legatee)