Supreme Court of Canada
Ward v. Henry, (1920) 60 S.C.R. 645
Date: 1920-06-21
Ward v. Henry and Dumaine.
1920: May 25, 26; 1920: June 21.
Present: Idington, Duff, Anglin, Brodeur and Mignault JJ.
ON APPEAL FROM THE COURT OF KING'S BENCH, APPEAL SIDE, PROVINCE OF QUEBEC.
Landlord and tenant-Fire-Liability-Fault-Presumption-Art. 1629 C.C.
APPEAL from the judgment of the Court of King's Bench, Appeal Side,, reversing the judgment of the Superior Court, sitting in review, and dismissing the appellant's, plaintiff's, action with costs.
The appellant sued the respondents, of whom Henry was his tenant and Dumaine a plumber employed by him, for damages resulting from the burning down of the dwelling house leased by appellant to respondent Henry. The appellant invoked against Henry the presumption of fault edicted by article 1629 C.C., and alleged also against both respondents the fault of respondent Dumaine, who, according to appellant, would have caused the fire by using a gasoline lamp to thaw frozen pipes in the house.
The trial court dismissed the action. The Superior Court, sitting in review, Greenshields J. dissenting, reversed this judgment and maintained the action for $2,000. The Court of King's Bench, Cross and Pelletier JJ. dissenting, restored the judgment of the trial court.
On appeal to the Supreme Court of Canada, after hearing counsel of both parties, the court reserved judgment, and, on a subsequent day, dismissed the appeal with costs, Idington J. dissenting.
Appeal dismissed with costs.
Paul St. Germain K.C. and C.M. Cotton for the appellant.
J. L. Perron K. C. and R. Genest for the respondent Henry.
A. E. J. Bissonnette K.C. for the respondent Dumaine.
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