Biddington v. Moncton (City) et al., [1966] N.B. Law News No. 17 (QB)

• Judge: Anglin, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: April 25, 1966
• Jurisdiction: New Brunswick
• Citations: [1966] N.B. Law News No. 17 (QB)

Biddington v. Moncton, [1966] N.B. Law News No. 17 (QB)

MLB Law News

Elmer Biddington (plaintiff) v. The City of Moncton (a Municipal Corporation), and Charles (Bud) MacKay (defendants) and Pierre Thibault Canada Limited (a body corporate) (third party)

(Archives RS48/1962/855; 362/63/C)

Indexed As: Biddington v. Moncton (City) et al.

New Brunswick Supreme Court

Queen's Bench Division

Anglin, J.

April 25, 1966.

Summary:

Motor Vehicle - Directions for Judgment filed without reasons holding the Defendant, City of Moncton, responsible for Plaintiff's injuries. Statement of claim alleges injuries caused by employee of City while negligently driving a fire truck and that the Third Party sold the fire truck knowing it was defective. Plaintiff awarded $9,736. special damages for personal injuries and $25,000. general damages for personal injuries, not including loss of wages. (injuries not specified) Plaintiff's claim against Third Party dismissed with no order as to costs.

[No Topic Numbers Assigned]

Counsel:

Clarence H. Roy, for the plaintiff;

Stewart & Stratton, for the defendant;

M. Adelard Savoie, for the third party.

This case was heard before Anglin, J., of the New Brunswick Supreme Court, Queen's Bench Division, who delivered the following decision on April 25, 1966.