McCannell v. Mclean

McCannell v. Mclean

There was evidence upon which the jury could reasonably find negligence by the defendant; the proper standard for appellate interference is high — the verdict may only be set aside if plainly unreasonable and unjust such that no jury acting judicially could have reached it — therefore the appeal is dismissed and the...

Source-derived case information.

Citation
[1937] SCR 341
Parties
Defendant/appellant: D. McCannell; Plaintiff/respondent: F.C. McLean
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
24 February 1937
Procedural Posture
Negligence Motor Vehicle Collision / Appeal From Court of Appeal for Ontario to Supreme Court of Canada on Jury Verdict
Outcome
Appeal dismissed with costs; judgment for plaintiff on jury verdict affirmed.
Legal Topics
Setting Aside Jury Verdict, Standard of Review on Appeal, Duty of Care, Causation
Source Language
english
Torts Negligence Civil Procedure Appeals Setting Aside Jury Verdict Standard of Review on Appeal Duty of Care Causation

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Parties

D. McCannell

Defendant/appellant

F.C. McLean

Plaintiff/respondent

Procedural Posture

Negligence Motor Vehicle Collision / Appeal From Court of Appeal for Ontario to Supreme Court of Canada on Jury Verdict

Legal Issues

  1. 1 Whether the jury verdict was supported by the evidence or was against the weight of evidence
  2. 2 Whether the jury's findings (questions 2, 3 and 5) were perverse or unreasonable
  3. 3 Whether defendant was negligent in leaving truck partially on travelled portion without lights or warnings

Ratio Decidendi

There was evidence upon which the jury could reasonably find negligence by the defendant; the proper standard for appellate interference is high — the verdict may only be set aside if plainly unreasonable and unjust such that no jury acting judicially could have reached it — therefore the appeal is dismissed and the jury verdict affirmed.

Court Disposition

Appeal dismissed with costs; judgment for plaintiff on jury verdict affirmed.

Orders

  • Appeal dismissed with costs.
  • Original judgment for plaintiff for $3,300 and costs affirmed.