Breau v. Breau, [1966] N.B. Law News No. 45 (QB)

• Judge: Robichaud, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: June 21, 1966
• Jurisdiction: New Brunswick
• Citations: [1966] N.B. Law News No. 45 (QB)

Breau v. Breau, [1966] N.B. Law News No. 45 (QB)

MLB Law News

Christine Breau, administratrix of the Estate of Jacqueline Breau (plaintiff) v. Alfred George Breau, and Edgar Godin (defendants)

(137/66/C; Archives RS48/1966/137)

Indexed As: Breau v. Breau

New Brunswick Supreme Court

Queen's Bench Division

Robichaud, J.

July 12, 1966.

Summary:

Pedestrian Struck by Motor Vehicle & Damage Award for Death - Court held Defendant Breau 100 percent at fault when driving his motor vehicle and attempting to pass motor vehicle of Defendant, Godin. Pedestrian Plaintiff struck from behind and killed by Defendant Breau at night during rain in urban district. Court held negligence consisted of failure to keep proper lookout, failure to sound horn, and failure to avoid striking Plaintiff who was lawfully walking on left hand side of highway. Estate of Female, age 18, about to commence employment, awarded $3,000 general damages and $1,010 special damages under the Fatal Accidents Act.

Damages Awards - Topic 79

Injury and death - Wrongful death and fatal accidents - See paragraphs 6 to 7.

Torts - Topic 376

Negligence - Motor vehicle - Standard of care of driver - Keeping a proper lookout - See paragraphs 1 to 5.

Torts - Topic 392

Negligence - Motor vehicle - Standard of care of driver - Respecting pedestrians and bicyclists - See paragraphs 1 to 5.

Counsel:

T.E. Duffie, for the plaintiff;

Eric B. Appleby, for the defendant, Alfred George Breau;

A.J. Robichaud, Q.C., for the defendant, Edgar Godin.

This case was heard on the Northumberland County Circuit, on June 21, 1966, before Robichaud, J., of the New Brunswick Supreme Court, Queen's Bench Division, who delivered the following decision on July 12, 1966.