Hanada v British Columbia Electric Railway Co.

This case assigns blame for an accident that cost a “Japanese girl” of three years of age her leg. The driver of the street car that struck her was deemed responsible in the original trial, and damages of $15,000 were awarded. An appeal was raised, with C.L. McAlpine and W.A. Riddell representing the appellant, J.R. Nicholson and K.L. Yule the respondent. Chief Justice Martin allowed the appeal in part. He and Justice O’Halloran concurred that the damages should be reduced to $10,000. Justice M.A. Macdonald dissented, recommending dismissal. It is interesting to note that both Macdonald’s and Martin’s comments refer to Funk v Pinkerton (unreported), a case wherein a 62 year old man received $19,130 after an accident left him partially paralyzed. Macdonald insisted that, given the award granted in that case, it “cannot consistently be said that $15,000 is excessive” (123) in the case of “a child of parents in moderate circumstances permanently disabled by the loss of a limb.” (122)