Hutcheon v. Storey, [1935] S.C.R. 677 (1935)

Supreme Court of Canada

Hutcheon v. Storey, [1935] S.C.R. 677

Date: 1935-11-15

Stuart Milne Hutcheon by His Next Friend, Ethel Hutcheon, and The Said Ethel Hutcheon (Plaintiffs) Appellants;

and

Taylor Storey (Defendant) Respondent.

1935: October 30, 31; 1935: November 15.

Present: Duff C.J. and Rinfret, Cannon, Davis and Kerwin JJ.

ON APPEAL FROM THE COURT OF APPEAL FOR ONTARIO.

Negligence-Motor vehicles-Collision between motor car and bicycle-Conflict of evidence as to manner and place of accident-Judgment at trial on jury's findings-New trial ordered by Court of Appeal-Judgment at trial restored by Supreme Court of Canada-Jurisdiction of Supreme Court of Canada challenged on ground that judgment of Court of Appeal was "made in the exercise of judicial discretion" within s. 38 of Supreme Court Act (R.S.C. 1927, c. 35).

A motor car driven by defendant westerly on Q. street, a "through" highway, near the city of Toronto, collided with a bicycle driven by plaintiff who had come southerly on M. avenue. There was conflicting evidence as to the manner and exact place of the ac...

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