Majority
APPEAL from the judgment of the Court of Queen's Bench for Lower Canada (appeal side) reversing the judgment of the Superior Court, District of Montreal which.had awarded the plaintiff $500 damages for injuries received by his minor daughter while in the employ of the defendant.
JJ.
The plaintiff's daughter was employed in the defendant's laundry in the operation of a steam mangle .E of which she perfectly understood the management. At the time of the accident the machine was in good working order and was not considered dangerous to operate provided the person using it exercised ordinary care and prudence.
The Government Inspector Factories visited the establishment and approved of the machine before the accident occurred and could not suggest any new guard or improvement necessary for the safety of an employee operating it. The factory was kept in the best possible order, was well ventilated and at the time of the accident was not unusually warm.
It appeared that the victim of the accident had gone to work on the morning in question without breakfast, and was attacked by faintness, and, while in a state of unconsciousness she dropped her hand into an opening in the machine and received severe injuries by coming in contact with the heated cylinder and large revolving rollers.
Geofrion Q.C. and Goyele for the appellant.
Mc Gibbon for the respondent.
Judgment of the Court
J.-This appeal must be dismissed. We are of opinion with the court below that the plaintiff has wholly failed to prove that the accident in question was caused by the negligence of the defendant.
This is an appeal upon a question of fact, and though it is trie, said before us by counsel for the appellant, that his action was maintained by the court of first instance, yet his appeal here does not get much support from it. For it is settled law upon which we have often acted here, that where a judgment upon facts has been rendered by a court of first instance,