What are the findings of the jury in the case of a plaintiff who was ordered to wear goggles during hammering?
Saskatchewan, Canada
The following excerpt is from Hucul v. Canadian National Railway Company, 1953 CanLII 223 (SK CA):
The findings of the jury negative all other allegations of negligence (Andreas v. C.P.R. 1905 CanLII 26 (SCC), [1905] 37 SCR 1) and in my opinion the only allegations of negligence conceivable within the findings of the jury are as follows: “In the alternative if there was a rule of the defendant requiring the plaintiff to wear goggles for such hammering, the said rule was never enforced or made known to the plaintiff. “In failing to enforce or make known to the plaintiff any rule requiring the use of goggles for all hammering.”
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