The respondent, a licensed real estate agent carrying on business in Vancouver, brought an action to recover from BELLthe appellant the sum of $12,750, being commission on the sale of certain property belonging to appellant in Vancouver.
The trial judge dismissed the respondent's action, but & Co. the Court of Appeal maintained it for the full amount. The Supreme Court of Canada held that the issue on the appeal was a simple issue of fact, whether the offer to purchase, which culminated in the sale, was brought about by the exertions of the respondent, and, upon the evidence, allowed the appeal with costs and restored the judgment of the trial judge, dismissing the respondent's action. C. W. Craig, K.C., for the respondent.
THOMAS W. DOBIE (PLAINTIFF) .....
APPELLANT; AND
*Apr.23 *Junle 10. THE CANADIAN PACIFIC RAILWAY
COMPANY (DEFENDENT)
...
R........
ON APPEAL FROM THE OF APPEAL BRITISH COLUMBIA
Railway-Negligence-Passenger falling off platform-Platforms enclosed by vestibules-Vestibule door left open-Railway Act, R.S.C., 1927, c. 170, s. 390.
The appellant, when nine years old, in 1919, was crossing the continent as an immigrant, with his mother, in one of the respondent's vestibuled trains.
While the train was approaching Piapot station, in Alberta, the appellant went to the rear end of the car in which he was riding and, just as he was stepping from the passage to the platform, and while his hand was on the door, there came a sudden jerk of the car, in consequence of which the boy was thrown to the platform and, the vestibule door being open, down the steps to the ground, where his legs came under the wheels and it was found necessary, by reason of his injuries, to amputate his right leg above the knee and his left foot above the ankle. The appellant, in 1928, nine years after the accident, brought an action to recover damages. The jury found that the respondent railway was negligent in that the "exits of the train (were) not properly safeguarded," that the appellant was not *PRESENT:-Duff, Newcombe, Lamont, Smith and Cannon JJ.
Statutes and regulations cited
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Unresolved citations
- s. 390