Belanger et al. v. Ross, (1969) 1 N.B.R.(2d) 833 (CA)

• Judge: Bridges, C.J.N.B., Limerick and Hughes, JJ.A.
• Court: Court of Appeal (New Brunswick)
• Case Date: April 29, 1969
• Jurisdiction: New Brunswick
• Citations: (1969), 1 N.B.R.(2d) 833 (CA)

Belanger v. Ross (1969), 1 N.B.R.(2d) 833 (CA);

    1 R.N.-B.(2e) 833

MLB headnote and full text

Sommaire et texte intégral

Belanger et al. v. Ross

Indexed As: Belanger et al. v. Ross

Répertorié: Belanger et al. v. Ross

New Brunswick Court of Appeal

Bridges, C.J.N.B., Limerick and Hughes, JJ.A.

October 17, 1969.

Summary:

Résumé:

The New Brunswick Court of Appeal affirmed judgment of trial Court which awarded the plaintiff/homeowner a judgment against the operator and owner of a tractor which the plaintiff hired to level gravel around the foundation of the plaintiff's house.

The New Brunswick Court of Appeal affirmed the inference drawn by the trial Judge that the damage was caused by the tractor being operated too close to the cement block foundation wall.

In addition, the New Brunswick Court of Appeal held that the plaintiff gave the defendant instructions as to what work was to be done but that the plaintiff did not instruct the defendant on how the work should be done.

Building Contracts - Topic 3424

Liability of builder - Defective workmanship or design - Negligence - Collapse of cement block foundation during operation of tractor levelling gravel - Operation of tractor too close to foundation - No direct contact of tractor with foundation (New Brunswick Court of Appeal).

Counsel:

Keith Thompson, for defendant/appellant;

Fernand G. Dube, for plaintiff/respondent.

APPEAL from a judgment of Bugold, Co. Ct. J., dated April 29, 1969, (1969) 1 N.B.R.(2d) 518, in favour of the plaintiff/respondent for damages arising out of the operation of the defendant/appellant's tractor.

The judgment of the Court was delivered by Hughes, J.A.