Cooper v. Poirier, [1968] N.B. Law News No. 13 (CA)

• Judge: Bridges, C.J.N.B., Ritchie and Limerick, JJ.A.
• Court: Court of Appeal (New Brunswick)
• Case Date: February 02, 1968
• Jurisdiction: New Brunswick
• Citations: [1968] N.B. Law News No. 13 (CA)

Cooper v. Poirier, [1968] N.B. Law News No. 13 (CA)

MLB Law News

Cooper v. Poirier

Indexed As: Cooper v. Poirier

New Brunswick Supreme Court

Appeal Division

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

February 2, 1968.

Summary:

Motor Vehicle Accident - Intersection - Right-of-way - sect. 147(1) and (2), Motor Vehicle Act - Appeal dismissed from judgment for Pl. where collision occurred at intersection and there was evidence to support the Judge's finding that although the Pl's car was to the left of the Df's, the Pl's car was the first to enter the intersection and there was a clear violation of section 147(2) of the Motor Vehicle Act on the part of the Df. and as the cars did not enter the intersection at approximately the same time, section 147(2) has no application thus distinguishing Barberry v. Pollard (1949) 24 M.P.R. 276.

Counsel:

Paul S. Creaghan, for the appellant/defendant;

Stuart G. Stratton, for the respondent/plaintiff.

This appeal was heard before Bridges, C.J.N.B., Ritchie and Limerick, JJ.A., of the New Brunswick Supreme Court, Appeal Division, who delivered the following decision on February 2, 1968.