Hyperlawhypertext legal database Manuge v. Dominion Atlantic Railway Co. [1973] SCR 232

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Manuge v. Dominion Atlantic Railway Co.

[1973] SCR 232 Court SCC Decision date 1972-10-18 English

PartiesRobert W. Manuge and Elizabeth Manuge (Defendants) Appellants·Dominion Atlantic Railway Company (Defendant) Respondent·Lloyd Augustus Ritchie (Defendant) Appellants·Everett William Killam and Myrtle Deltina Killam (Plaintiffs). Appellants·Everett William Killam and Myrtle Deltina Killam (Plaintiffs) Appellants·Robert W. Manuge and Elizabeth Manuge (Defendants) Respondents

Counsel (6)
D. Chipman, Q.C., and J.W.E. Mingo, Q.C., for Robert W. Manuge and Elizabeth Manuge.
A. Boyd MacGillivray, Q.C., for Everett William Killam and Myrtle Deltina Killam.
R.J. Downie, Q.C., for Dominion Atlantic Railway Company.
Solicitor for Robert W. Manuge and Elizabeth Manuge: J.W.E. Mingo, Halifax.
Solicitor for Everett William Killam and Myrtle Deltina Killam: A. Boyd MacGillivray, Yarmouth.
Solicitor for Dominion Atlantic Railway Company: R.J. Downie, Halifax.

Judges Martland, Ronald; Judson, Wilfred; Ritchie, Roland Almon; Spence, Wishart Flett; Pigeon, Louis-Philippe

Delivered by Majority

On appeal from Nova Scotia

Subjects Motor vehicles Transportation

Contents

The judgment of Martland, Judson, Ritchie and Pigeon JJ. was delivered by

(a) Was there any negligence on the part of
Elizabeth Manuge?
Yes.
(b) If so, of what did such negligence consist?
Not exercising extreme caution knowing the regularly scheduled train time.
Was the Plaintiff, Everett Killam, a guest without payment for his transportation in the motor vehicle?
No.
7-2
(a) Was there any gross negligence on the part of Elizabeth Manuge which caused or contributed to the damages?
No.
(b) If so, of what did such negligence consist?

[Page 237]

(a) Was there any gross negligence on the part of Elizabeth Manuge which caused or contributed to the damages? No. (b) If so, of what did such negligence consist? [Page 237]

(a) Was there any negligence on the part of Ritchie in the operation of the train which caused or contributed to the damages?
No.
(b) If so, of what did such negligence consist?

(a) Was there any negligence on the part of Ritchie in the operation of the train which caused or contributed to the damages? No. (b) If so, of what did such negligence consist?

(a) Was there any negligence on the part of the Dominion Atlantic Railway Company, its servants and agents, which caused or contributed to the damages?
Yes.
(b) If so, of what did such negligence consist?
Failure to maintain adequate northern visibility at the western approach to the crossing.
(a) Was there any negligence on the part of Everett William Killam which caused or contributed to the damages?
No.
(b) If so, of what did such negligence consist?

(a) Was there any negligence on the part of Everett William Killam which caused or contributed to the damages? No. (b) If so, of what did such negligence consist?

(a) If you have found negligence on the part of two or more persons, state whether it is possible to find different degrees of fault.

Footnotes

  1. [1] (1971), 2 N.S.R. (2d) 648, 21 D.L.R. (3d) 171.
  2. [2] (1969), 8 D.L.R. (3d) 243 at pp. 244-6.
  3. [3] (1924), 57 N.S.R. 252, [1924] D.L.R. 1078.
  4. [4] [1969] S.C.R. 698 at p. 718.
  5. [5] (1900), 30 S.C.R. 360.
  6. [6] (1917), 55 S.C.R. 1.
  7. [7] [1953] O.R. 168 at p. 176.
  8. [8] (1926), 59 O.L.R. 396.
  9. [9] [1967] 1 A.C. 169.
  10. [10] [1969] S.C.R. 698.
  11. [11] [1944] O.R. 169.
  12. [12] (1926), 59 O.L.R. 396.
  13. [13] [1927] S.C.R. 505.
  14. [14] (1915), 33 O.L.R. 372.
  15. [15] [1967] 1 A.C. 169.
  16. [16] [1939] 3 D.L.R. 83.
  17. [17] [1967], 66 D.L.R. (2d) 226.