Canada Woollen Mills v. Traplin

Canada Woollen Mills v. Traplin

Majority held that on the evidence (repeated repairs, reports that the elevator had "lived its life," and jury finding that vibration and general dilapidation caused the key to fall) the employer failed to exercise due care to keep the elevator safe; that knowledge of the dangerous condition could be imputed to the employer and the verdict for the plaintiff must stand, making the employer liable at common law (in addition to statutory liability).

Citation
(1904) 35 SCR 424
Parties
Appellant / Defendant: Canada Woollen Mills, Limited; Respondent / Plaintiff: Thomas H. Traplin
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
14 December 1904
Procedural Posture
Torts Negligence (master and Servant; Employers' Liability) / Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario
Outcome
Appeal dismissed with costs; trial verdict for plaintiff affirmed
Legal Topics
Negligence, Master and Servant, Employers' Liability, Common Employment Doctrine, Workmen's Compensation
Source Language
English
Torts Employment Law Agency/corporate Liability Negligence Master and Servant Employers' Liability Common Employment Doctrine Workmen's Compensation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 17 Party arguments 2
Sign in to unlock

Parties

Canada Woollen Mills, Limited

Appellant / Defendant

Thomas H. Traplin

Respondent / Plaintiff

Procedural Posture

Torts Negligence (master and Servant; Employers' Liability) / Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario

Legal Issues

  1. 1 Whether employer was negligent at common law in failing to keep elevator in a safe condition
  2. 2 Whether employer is absolved of common law liability by having employed competent persons to supervise and repair machinery
  3. 3 Whether knowledge of defects can be imputed to employer

Ratio Decidendi

Majority held that on the evidence (repeated repairs, reports that the elevator had "lived its life," and jury finding that vibration and general dilapidation caused the key to fall) the employer failed to exercise due care to keep the elevator safe; that knowledge of the dangerous condition could be imputed to the employer and the verdict for the plaintiff must stand, making the employer liable at common law (in addition to statutory liability).

Court Disposition

Appeal dismissed with costs; trial verdict for plaintiff affirmed

Orders

  • Appeal dismissed with costs
  • Verdict for plaintiff at trial affirmed