Davidson v. Stuart

Davidson v. Stuart

No breach of duty by defendants: the deceased was specifically employed and empowered to discover and remedy the defects that allegedly caused his death; his failure to discover or remedy them and his conduct leading to the accident are attributable to him, absolving the defendants of liability.

Citation
(1903) 34 SCR 215
Parties
Appellants: James Burrows Davidson and Others; Respondents: James Stuart and Others
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
3 November 1903
Procedural Posture
Tort — Negligence (fatal Accident) / Appeal to Supreme Court of Canada From Court of King’s Bench for Manitoba
Outcome
Appeal dismissed with costs; order of the Court of King’s Bench setting aside the verdict and ordering a new trial affirmed.
Legal Topics
Master and Servant, Contributory Negligence, Duty of Employer, Latent Defects, Assumption of Risk, Damages — Expectation of Pecuniary Benefit Under Fatal Accidents Statute
Source Language
English
Labour Law Tort Negligence Employer Liability Occupational Safety Wrongful Death Master and Servant Contributory Negligence +4 more

Case Brief

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Parties

James Burrows Davidson and Others

Appellants

James Stuart and Others

Respondents

Procedural Posture

Tort — Negligence (fatal Accident) / Appeal to Supreme Court of Canada From Court of King’s Bench for Manitoba

Legal Issues

  1. 1 Whether defendants breached a duty to the deceased manager by failing to remedy defects in the electric plant
  2. 2 Whether the deceased, as the skilled manager engaged to remedy defects, assumed the risk and thereby precluded employer liability
  3. 3 Whether deceased was contributorily negligent such that it bars recovery

Ratio Decidendi

No breach of duty by defendants: the deceased was specifically employed and empowered to discover and remedy the defects that allegedly caused his death; his failure to discover or remedy them and his conduct leading to the accident are attributable to him, absolving the defendants of liability.

Court Disposition

Appeal dismissed with costs; order of the Court of King’s Bench setting aside the verdict and ordering a new trial affirmed.

Orders

  • Appeal dismissed with costs.
  • Order of the Court of King’s Bench setting aside the plaintiff's verdict and ordering a new trial affirmed.