The Nova Scotia Reports (Volume 24); Containing Reports of Cases Argued and Determined in the Supreme Court of Nova Scotia (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1894. Excerpt: ... The 17th question submitted was: "Would the deceased have recovered, notwithstanding the accident, if she had had regular and continuous medical treatment and attendance?" The answer to this question was: "very doubtful." On the findings a verdict was entered for plaintiffs. On motion to set the verdict aside and for a new trial. Pr.r Weatherbe, J.--That the findings could not support the verdict, it being clear from them that the jury never arrived at a proper decision on one of the main issues before them, viz., whether death resulted from the immersion in the dock or from the failure to provide regular and continuous medical treatment. Afoo, following Wilkinson v. Fairrie, 1 H. & C, 634, that if the wharf was insufficiently lighted deceased acted at her own risk in proceeding down it. Per Weatherbe, J., and Graham, E. J., that the trial judge should have instructed the jury as to the meaning of the words "proximate cause." Per Townshend, J., that deceased was not on the wharf at defendants' invitation, or on the defendant's business, and was not, therefore, a person as to whom the defendants were under such an obligation as to make them responsible. Per Graham, E. J., that in view of the uncertainty resulting from the answer to the 17t h question submitted to the jury the verdict could not be supported. Per Mcdonald, C. J., that the wharf was controlled by defendants, and in view of the purpose for which it was used, they were bound to make it reasonably safe for the use of passengers and their friends, who came there at the defendants' invitation, which invitation was to be implied from the habitual permission given to persons having friends among the passengers to go upon the wharf. Also, that the finding in answer to the 17th question was not intend...