Canadian Railway Cases Volume 19

Canadian Railway Cases Volume 19

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1916 edition. Excerpt: accident was likely to happen there. See Lett v. St. Lawrence and Ottawa Ry. Co., 1 O.R. 545; Hollinger v. Canadian Pacific Ry. Co., 21 O.R. 705; Smith v. Niagara, St. Catharines and Toronto Ry. Co., .9 O.L.R. 158, 4 Can. Ry. Cas. 220, also note to that case at p. 225, and Gray v. Wabash Ry. Co., 35 O.L.R. 510. NEGLIGENCE--COURSE OF EMPLOYMENT. SHARPE v. CANADIAN PACIFIC RY. CO. (See 23 D.L.R. 487.) Ontario Supreme Court Appellate Division), Meredith, C.J.O., Maclaren, Magee, and Hodgins, JJ.A. March 15, 1915. Negligence--Trespasser--Course Of Employment--Conforming To Orders Of Superior Lord Campbell's Act. A workman in the employ of a railway company as telegraph lineman was struck and killed by an engine of another company while walking along the latter company's tracks. He was at the time returning with his foreman and several fellow-workmen after finishing the day's work, to the boarding car provided for them by their employers, in which they kept their tools, slept and took their meals.. In an action under Lord Campbell's Act against two companies, a jury found against them both, but the trial judge dismissed the case as against the company on whose tracks the deceased was walking, holding that as to them the deceased was a mere trespasser, and that they had been guilty of no negligence and of no breach of duty to him as such. Judgment was entered against deceased's employers on the ground that the deceased was at the time under the directions of the foreman who had left the boarding car with the party in the morning and had been in charge of the work on which he had been engaged during the day; and that the foreman had led the deceased, without warning, into a place of danger. Held, on appeal (reversing the judgment against the...
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Product details

  • Paperback | 176 pages
  • 189 x 246 x 10mm | 327g
  • United States
  • English
  • black & white illustrations
  • 1236925327
  • 9781236925329