McFarran v. Montreal Park & Island Railway Co.

McFarran v. Montreal Park & Island Railway Co.

A married woman commune en biens has no legal right to bring in her own name an action for damages for personal injuries caused by a delict or quasi-delict; where the writ and declaration show that the right of action belongs to another (the husband) the defect may be raised by the defendant at any stage and is fatal to the action; accordingly the appeal is dismissed.

Citation
(1900) 30 SCR 410
Parties
Plaintiff/appellant: Sarah McFarran; Defendant/respondent: The Montreal Park and Island Railway Company
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
12 June 1900
Procedural Posture
Civil Tort Action (personal Injuries); Appeal / Appeal to the Supreme Court of Canada From the Court of Queen's Bench for Lower Canada (appeal Side)
Outcome
Appeal dismissed with costs.
Legal Topics
Married Woman's Capacity, Community Property (régime De La Communauté), Right of Action for Personal Injuries, Pleading Requirements, Exception À La Forme, Appeal Procedure
Source Language
English
Family Law Civil Procedure Tort Law Married Woman's Capacity Community Property (régime De La Communauté) Right of Action for Personal Injuries Pleading Requirements Exception À La Forme +1 more

Case Brief

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Parties

Sarah McFarran

Plaintiff/appellant

The Montreal Park and Island Railway Company

Defendant/respondent

Procedural Posture

Civil Tort Action (personal Injuries); Appeal / Appeal to the Supreme Court of Canada From the Court of Queen's Bench for Lower Canada (appeal Side)

Legal Issues

  1. 1 Whether a married woman, commune en biens, may sue in her own name for damages for personal injuries or whether the right belongs exclusively to the husband
  2. 2 Whether a defendant must raise lack of legal right by exception à la forme or may invoke it at any stage when defect is apparent on the face of the writ/declaration
  3. 3 Whether pleading to the merits without objecting waived the defendant's right to raise the substantive objection

Ratio Decidendi

A married woman commune en biens has no legal right to bring in her own name an action for damages for personal injuries caused by a delict or quasi-delict; where the writ and declaration show that the right of action belongs to another (the husband) the defect may be raised by the defendant at any stage and is fatal to the action; accordingly the appeal is dismissed.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs in the Court of Review, the Court of Appeal and in the Supreme Court against the appellant
  • Each party to pay his own costs in the Superior Court