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Harris v. London Street Ry. Co.

(1907) 39 SCR 398 Court SCC Decision date 1907-11-13 English

Delivered by Judgment of the Court

Contents

Judgment of the Court

J.-This is an appeal from the judgment of the Court of Appeal for Ontario, reversing a judgment at the trial for the plaintiff, in an accident case.
The plaintiff was the motorman in charge of a car of the defendants, which ran into another car standing upon the track, whereby the plaintiff was injured. We agree with the Court of Appeal that, upon the plaintiff's own evidence, the accident was due to his own disregard of a rule of the company, which it was his duty to observe, and that the case should have been withdrawn from the jury, at the trial, and the action dismissed.
The appeal will be dismissed with costs.
Appeal dismissed with costs.