Blanchard v. Levesque, [1967] N.B. Law News No. 48 (CA)

• Judge: Bridges, C.J.N.B., Ritchie and West, JJ.A.
• Court: Court of Appeal (New Brunswick)
• Case Date: March 31, 1967
• Jurisdiction: New Brunswick
• Citations: [1967] N.B. Law News No. 48 (CA)

Blanchard v. Levesque, [1967] N.B. Law News No. 48 (CA)

MLB Law News

Philias Blanchard and Gaston Blanchard, by his next friend, Philias Blanchard (plaintiffs/appellants) v. Claude Levesque and Francoise Levesque (a married woman) (defendants/respondents)

(Archives RS43/1966)

Indexed As: Blanchard v. Levesque

New Brunswick Supreme Court

Appeal Division

Bridges, C.J.N.B., Ritchie and West, JJ.A.

March 31, 1967.

Summary:

Appeal from judgment reported in N.B. Law News - September 15, 1966 Issue - #66-56A. [See [1966] N.B. Law News No. 56A].

Negligence - Pedestrian - Appeal allowed from judgment dismissing action by 10-year old male pedestrian for damages for personal injury. New trial ordered limited to question of damages. On appeal, Plaintiff and Defendant found each 50% at fault. Court held Defendant should have sounded horn and reduced speed. Held further that movements of 10-year old boy are unpredictable and that standard of care for 10-year old is less than that of a teenager or adult. Cowie v. Astle, ([1966] N.B. Law News No. 76) distinguished.

Counsel:

P.E. Pelletier, Q.C., for the appellants;

A.G. Warwick Gilbert, (Gilbert, McGloan & Gillis) for the respondent.

This case was heard March 31, 1967, before Bridges, C.J.N.B., Ritchie and West, JJ.A., of the New Brunswick Supreme Court, Appeal Division.

On March 31, 1967, the judgment of the Court of Appeal was delivered and the following opinions were filed:

Bridges, C.J.N.B. (West, J.A., concurring) - see paragraphs 1 to 10;

Ritchie, J.A. - see paragraphs 11 to 24.