In what circumstances will a plaintiff be able to escape from a moving train by jumping from the platform between the platforms?

Saskatchewan, Canada


The following excerpt is from Bechtel v. Canadian Pacific Railway Company, 1916 CanLII 229 (SK CA):

In Price v. Tredegar, 30 T.L.R. 583, the applicant, who was in the employment of the appellant, a colliery company, was going home by a train which was run by a railway company under a contract with the appellant to carry workmen free to and from their employment; and in order to shorten his way home he attempted to jump off the moving train before it reached the place where it ordinarily stopped for the workmen to alight. The result was he was injured. It was held that as the applicant had attempted to get out at a place other than the proper place, the accident did not arise out of his employment. The Master of the Rolls at the above page says: “His Lordship thought that it was no part of the workman’s employment to get out between the platforms.”

Other Questions


In what circumstances will a plaintiff be able to escape from a moving train? (Saskatchewan, Canada)
In what circumstances will a workman be dismissed if he jumps on to a buffer of a moving locomotive? (Saskatchewan, Canada)
In what circumstances will a plaintiff be indemnified for any damage caused to a plaintiff’s storage facility by a lighter man? (Saskatchewan, Canada)
In what circumstances will a plaintiff be liable for injuries sustained by a train that has broken down? (Saskatchewan, Canada)
Is a plaintiff entitled to a jury's opinion upon any reasonable excuse given by a railway company to look out for the approach of a train? (Saskatchewan, Canada)
In what circumstances will a plaintiff be considered a proper party to a conveyance and not a simple contract creditor? (Saskatchewan, Canada)
In what circumstances will a plaintiff be able to bring a claim against a corporation for negligence? (Saskatchewan, Canada)
In what circumstances will the trial judge allow the parents of a plaintiff to participate in the trial? (Saskatchewan, Canada)
Is a notice of notice necessary in circumstances where a plaintiff is seeking to sue for damages of more than £200,000? (Saskatchewan, Canada)
In what circumstances will a plaintiff be liable for misrepresentation in a pcds? (Saskatchewan, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.