Supreme Court of Canada
Canadian Pacific Railway CO. v. Wood, (1911) 47 S.C.R. 403
Date: 1911-05-15
Canadian Pacific Railway Co. v. Wood.
1911: February 21; 1911: May 15.
Present: Sir Charles Fitzpatrick C.J. and Davies, Idington, Duff and Anglin JJ.
ON APPEAL FROM THE COURT OF APPEAL FOR MANITOBA.
Operation of railway—Condition of yard—"Lay-out" of concourse— Switching—"Workmen's Compensation for Injuries Act," R.S.M. 1902, c. 178—Contributory negligence—Evidence—Volenti non fit in juria —Non-suit—New trial.
APPEAL from the judgment of the Court of Appeal for Manitoba, reversing the judgment at the trial and directing that a new trial should be had.
At the trial before Perdue J. with a jury, an order of non-suit was refused by the plaintiff and, thereupon, the jury were directed to find a verdict for the defendants, which was done and judgment entered accordingly. On an appeal by the plaintiff this judgment was set aside, on the ground that there was some evidence which should have been left to the jury, and a new trial was ordered.
The Supreme Court of Canada, after hearing counsel on behalf of both parties, reserved judgment, and, on a subsequent day, the appeal was allowed with costs, Idington and Duff JJ. dissenting, and the judgment entered at the trial was restored.
Appeal allowed with costs.
Wallace Nesbitt K.C. and Curie for the appellants.
M. G. Macneil for the respondent.
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