Bruce v. McIntyre, [1955] S.C.R. 251 (1955)

Supreme Court of Canada

Bruce v. McIntyre, [1955] S.C.R. 251

Date: 1955-01-25

Jean Bruce an Infant Under the Age of Twenty-one Years by Roy Bruce Her Next Friend and Roy Bruce (Plaintiffs) Appellants;

and

Donald W. McIntyre (Defendant) Respondent.

1954: December 1; 1955: January 25.

Present: Rand, Kellock, Estey, Locke and Cartwright JJ.

ON APPEAL FROM THE COURT OF APPEAL FOR ONTARIO.

Negligence-Motor cars-Collision-Both drivers at fault-No clear line between fault of the one or the other-Apportionment-The Negligence Act, R.S.O. 1950 c. 252, s. 5 applied-The rule in Davies v. Mann, considered.

Where in an action for damages for negligence both parties are found to be at fault and no clear line can be drawn between the fault of the one and the other the rule in Admiralty Commissioners v. S.S. Volute [1922] A.C. 129 at 144 applies. In the circumstances of this case s. 5 of The Negligence Act, R.S.O. 1950 c. 252, should be applied and the parties found equally at fault.

In an action in damages arising out of the collision of two motor cars it appeared that the male appellant, on a bright moonlight night, turned his car into a laneway on the east side of a highway running north and south and then turned it out again facing southward so that part of it projected into the highway so as to obstruct north-bound traffic. He then turned on a small parking light on the right front of the car. While seated in the car with his fiance and co-appellant, he saw the respondent's car approa...

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