The Law of Torts

Cover The Law of Torts
The Law of Torts
Arthur Underhill
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, 14 O. L. R. 147, 6 Can. Ry. Cas. 444.
Though there may not have been any precise proof that the negligence of the company was the direct cause of the accident, the verdict will stand if the jury could reasonably infer defend- ant's negligence from the facts proved. (Mc Arthur v. Dominion Cartridge Co. , (1905, A. C. 72), followed; Wakelin v. London & South Western Railway Co. (12 App. Cas. 41), distinguished. ) Grand Trunk Railway Company v. Hainer, 36 Can. S. C. R. 180.
The jury are entitled
... to draw the inference from the unex- plained fact of a railway collision that the death occurred by reason of the company's negligence. "Wilkinson v. B. C. Elec- tric Ry. Co. (1911), 16 B. C. R. 113, 115.
The rule that persons lawfully using a highway are entitled to rely on warnings required by statute, as from railway engines, is applicable where the statute requires from motor vehicles warning by light and sound. Toronto General Trusts Corpora- tion v. Dunn, 15 W. L. R, 314 (Man. ).
Although there was a plain defect in the condition of the way which was the cause of the derailment of the engine, and the consequent death of the engine driver, it was held that an action by the widow could not be sustained as her husband, had he sur- vived, icould not have maintained an action, having negligently disobeyed his orders as contained in the rules, by proceeding with his train in spite of the condition of the signals.


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