Ottawa Brick & Terra Cotta Co. Ltd. v. Marsh, [1940] S.C.R. 392 (1940)

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Ottawa Brick & Terra Cotta Co. Ltd. v. Marsh, [1940] S.C.R. 392 (1940)

Supreme Court of Canada

Ottawa Brick & Terra Cotta Co. Ltd. v. Marsh, [1940] S.C.R. 392

Date: 1940-03-04

Ottawa Brick & Terra Cotta Co. Ltd. and James Kelso (Defendants) Appellants;

and

John Marsh (Plaintiff) Respondent.

1939: November 17, 20; 1940: March 4.

Present: Duff C.J. and Crocket, Davis, Kerwin and Hudson JJ.

ON APPEAL FROM THE COURT OF APPEAL FOR ONTARIO.

Motor vehicles-Negligence-Collision-One motor truck passing another while latter veering to left for purpose of making left turn-Responsibility for accident-Evidence-Findings-Highway Traffic Act, R.S.O., 1937, c. 288, ss. 39(1) (c) (d), 12(1) (b).

The action was for damages by reason of a collision, at night on an Ontario provincial highway, between plaintiff's motor truck and defendant's motor truck, both going westerly, while plaintiff's driver was attempting to pass defendant's truck which was veering to the left for the purpose of a left turn to be made on to a side-road which it was approaching. The trial judge found that the whole proximate cause of the accident was plaintiff's driver's negligence and gave judgment for defendant. The Court of Appeal for Ontario, [1939] O.R. 338, apportioned the blame for the accident, 75% against plaintiff's driver and 25% against defendant's driver, and gave judgment accordingly. On appeal to this Court, it was held that, in view of the findings at trial and the evidence (discussed), the judgment at trial should be restored. (Davis J. dissented, holding that on the evidence defendant's d...

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