Boyd v. Sumner Co. and Fraser and Travelers Indemnity Co., (1959) 50 N.B.R.(2d) 339 (QB)

• Judge: Jones, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: June 08, 1959
• Jurisdiction: New Brunswick
• Citations: (1959), 50 N.B.R.(2d) 339 (QB)

Boyd v. Sumner Co. (1959), 50 N.B.R.(2d) 339 (QB);

    50 R.N.-B.(2e) 339; 131 A.P.R. 339

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Boyd v. Sumner Company Limited and Fraser (defendants) and Travelers Indemnity Company (third party)

Indexed As: Boyd v. Sumner Co. and Fraser and Travelers Indemnity Co.

Répertorié: Boyd v. Sumner Co. and Fraser and Travelers Indemnity Co.

New Brunswick Court of Queen's Bench

Jones, J.

June 8, 1959.

Summary:

Résumé:

The plaintiff passenger brought an action in negligence against the driver and owner of an automobile in which he was injured in an accident.

The New Brunswick Court of Queen's Bench allowed the action and found the defendant driver grossly negligent.

Damage Awards - Topic 230

Personal injuries and death - Eye injuries - Loss of sight in both eyes - 40 year old father and husband lost one eye and most of the sight of his other eye, rendering him industrially blind - Multiple fractures of nose - Clavicle fracture - The New Brunswick Court of Queen's Bench in 1959 awarded $60,000.00 general damages for personal injuries, including loss of future income - See paragraphs 19 to 25.

Torts - Topic 328

Negligence - Motor vehicle - Passengers - Gratuitous - Gross negligence - What constitutes - A driver drove at 70 m.p.h. in a 30 m.p.h. zone, lost control and crashed - He was unfamiliar with his car's power brakes and steering - The New Brunswick Court of Queen's Bench held the driver grossly negligent - See paragraphs 1 to 13.

Cases Noticed:

McCulloch v. Murray, [1942] S.C.R. 141, appld. [para. 12].

Counsel:

E.C. Atkinson, Q.C., W.G. Stewart, Q.C., and S.G. Stratton for the plaintiff;

G.J. Bingham, for the defendant Sumner Company Limited;

J. Paul Barry, Q.C., for the defendant M.P. Fraser;

R.M. Palmer, Q.C., and A.B. Gilbert, Q.C., for the third party.

This case was heard at Moncton, N.B., before Jones, J., of the New Brunswick Supreme Court, Queen's Bench Division, who delivered the following judgment on June 8, 1959: