When a plaintiff is found crushed to death by machinery that it was his duty to start, is he entitled to recover damages?
Saskatchewan, Canada
The following excerpt is from Western Trust Co. v. Willoughby & Duncan, 1914 CanLII 339 (SKDC):
In support of this the author cites with other cases, McNicholas v. Dawson [1899] 1 Q.B. 773, 68 L.J.Q.B. 470, where the deceased was found crushed to death on the scene of his duty, by machinery that it was his duty to start. There was no proof as to how the accident occurred, but it may have happened through attempting to leave by a forbidden door. Assuming that it did so happen the plaintiffs were nevertheless found entitled to recover.
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