What is the test for negligence in the construction of a railway line?
Ontario, Canada
The following excerpt is from Grand Trunk Railway Co. of Canada v. Rainville, 1898 CanLII 24 (ON CA):
Negligence on the part of the company alone gives a cause of action; but the law very properly requires that the company shall in the exercise of the rights and powers so conferred upon them adopt such precautions as may reasonably prevent damage to the property of third persons through or near which their railway passes. Chief among these is the requirement to use the most approved mechanical contrivances in the construction of their engines, but the exercise of care in the management of their road is by no means confined to this. The case I have referred to of Smith v. London and South‑Western
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What are some cases where a lawyer who drafted a will negligently was found liable to a beneficiary who did not receive an inheritance because of the lawyer’s negligence? (Ontario, Canada)
Can a construction lien claim against a non-party under the Construction Lien Act? (Ontario, Canada)
Is a resulting or constructive trust not a constructive trust? (Ontario, Canada)
In what circumstances will a construction contractor be required to make progress payments to a contractor during the construction of a project? (Ontario, Canada)
Can a railway charge demurrage to a party who has no contract with the railway? (Ontario, Canada)
Is fact evidence relevant in determining whether a party has been negligent in a prior negligence claim? (Ontario, Canada)
Does a charge of dangerous driving under s. 249 of the Criminal Code constitute a gross negligence of gross negligence? (Ontario, Canada)
What is the remedy of constructive trust available to a plaintiff in a constructive trust action? (Ontario, Canada)
Is there any case law that allows a plaintiff to plead both an intentional tort of negligence and an unintentional tort of intentional negligence? (Ontario, Canada)
What is the test for ordering base line damages in a case involving systemic negligence and Charter breaches for solitary confinement? (Ontario, Canada)
