In what circumstances will a plaintiff be able to escape from a moving train?

Saskatchewan, Canada


The following excerpt is from Bechtel v. C.P.R., 1916 CanLII 270 (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.

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