Supreme Court of Canada
Toronto Railway Co. v. Bond, (1895) 24 S.C.R. 715
Date: 1895-05-15
Toronto Railway Co.
and
Bond
1895: May 14; 1895: May 15.
Present: Sir Henry Strong C.J., and Taschereau, Gwynne, Sedgewick and King JJ.
Negligence—Street railway—Defective plant.
APPEAL from a decision of the Court of Appeal for Ontario, affirming the judgment of the Divisional Court in favour of the plaintiff Bond.
The plaintiff was a motorman in the employ of the defendant company and his action was brought under the Workman’s Compensation Act to recover damages for injuries sustained while coupling together a street car and a trailer. The main ground of negligence charged was the absence of buffers to protect the official from injury in coupling. The plaintiff had a verdict at the trial which was affirmed by the Divisional Court and the Court of Appeal.
[Page 716]
The Supreme Court held that negligence on the part of the company in not having proper appliances to prevent injury was clearly proved and a new trial properly refused.
Appeal dismissed with costs.
Bicknell for the appellants.
McGregor for the respondent.
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