Canadian Railway Cases (Volume 3)

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: Quebec.] [superior Court. 1 Umi: Adeline Tanguay Es Qual. v. The Grand Trunk E.W. (QJl. 20 S.O. 90.) Responsibility?Railway?Street Crossing?Collision?yegligence. Held (reversing the judgment of the Superior Court, White J.): ?Where all the usual signals and warnings were given by the railway company, and the proximate and determining cause of the accident of which the plaintiff complained was the imprudence and recklessness of her deceased husband and his brother, the plaintiff is not entitled to recover. It was unnecessary to decide whether section 259 9f the Railway Act prohibiting a rate of speed, through a thickly peopled portion of a city, exceeding six miles an hour applies to highway crossings, because, in fin- opinion of the Court of Review, the accident would have happened even if .the- rate of speed had been less than six miles an hour. Present: Sra Melbourne-M. Tait, A.C.J., Lobangeb And Dohebty, JJ. The inscription in review was on a judgment rendered by the Superior Court, district of St. Francis, - White, J., 26th June, 1900, maintaining an action brought by the plaintiff personally as the widow of the late Joseph Couture, and as tutrix to her children, issue of the marriage with Couture. The facts are fully stated in the following judgment delivered by the Judge a quo. White, J.: ?The plaintiff, Adelina Tanguay, is the widow of the late Joseph Couture, in his lifetime of the Township of Ascot, farmer, who resided at a distance of about six miles from Sherbrooke, but who frequently came to the city on business; on an average probably once a week. They were married in the County of Dorchester, on the fifteenth day of February, 1887, and were in community of property. The two courts differed upon a question of fact. The judge a quo was of opinio.