Supreme Court of Canada
Simmonds v. Canadian National Railway Co., [1926] S.C.R. 312
Date: 1926-02-02
Mary Simmonds (Plaintiff) Appellant;
and
Canadian National Railway Company (Defendant) Respondent.
1926: February 2.
Present: Anglin C.J.C. and Duff, Mignault, Newcombe and Rinfret JJ.
ON APPEAL FROM THE APPELLATE DIVISION OF THE SUPREME COURT OF ONTARIO.
Appeal—Jurisdiction—Jury trial—Verdict for plaintiff—Appellate court directing new trial—Judicial discretion
The Supreme Court of Canada should not interfere with the exercise of discretion by an appellate court in directing a new trial in an action for damages maintained upon the verdict of a jury.
MOTION by the respondent for an order quashing the appeal on the ground that the judgment appealed from having been rendered in the exercise of judicial discretion, no appeal lies to the Supreme Court of Canada.
The appellant sued the respondent railway for $40,000 damages resulting from an accident at a level crossing, in the city of Toronto, when her husband was killed while driving a motor car. The jury found a verdict for the plaintiff for $13,904 and judgment was rendered accordingly. The respondent company appealed to the Appellate Division and that court directed a new trial, stating that “we should exercise our discretion and require the case to be retried.”
The plaintiff appealed from that judgment to this court.
The Supreme Court of Canada, after hearing counsel, granted the motion with costs.
Motion granted with costs.
J.P. Pratt for motion.
Campbell contra.
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