Campbell v. Gibbs, [1966] N.B. Law News No. 34 (CA)

• Judge: Bridges, C.J.N.B., Ritchie and Limerick, JJ.A.
• Court: Court of Appeal (New Brunswick)
• Case Date: April 21, 1966
• Jurisdiction: New Brunswick
• Citations: [1966] N.B. Law News No. 34 (CA)

Campbell v. Gibbs, [1966] N.B. Law News No. 34 (CA)

MLB Law News

Burton Campbell (plaintiff/appellant) v. Edward Gibbs (defendant/respondent)

(Archives RS43/1965)

Indexed As: Campbell v. Gibbs

New Brunswick Supreme Court

Appeal Division

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

April 21, 1966.

Summary:

Negligence - Motor vehicle accident on gravel road near crest of a knoll. Both Motorists travelling over centre line and both within speed limit. Trial court found Plaintiff two thirds at fault because of his speed under the circumstances and because of his intoxication. Appeal allowed and liability divided equally with Court adopting language of Fleming on Torts, 2nd ed. "a drunken motorist is to be penalized not for his intoxication but for his negligence".

Torts - Topic 390

Negligence - Motor vehicle - Standard of care of driver - Driving when ability to drive impaired - See paragraphs 1 to 10.

Torts - Topic 406

Negligence - Motor vehicle - Rules of the road - Passing - Failure to drive to the right of the centre of the road - See paragraphs 1 to 10.

Torts - Topic 6610

Defences - Contributory negligence - Motor vehicle accidents - See paragraphs 1 to 10.

Counsel:

George E. McInerney, Q.C., for the plaintiff/appellant;

Henry E. Ryan, Q.C., for the defendant/respondent.

This appeal was heard before Bridges, C.J.N.B, Ritchie and Limerick, JJ.A., of the New Brunswick Supreme Court, Appeal Division. Bridges, C.J.N.B., delivered the following decision on April 21, 1966.