Cowie v. Astle, [1966] N.B. Law News No. 76 (QB)

• Judge: Anglin, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: January 20, 1966
• Jurisdiction: New Brunswick
• Citations: [1966] N.B. Law News No. 76 (QB)

Cowie v. Astle, [1966] N.B. Law News No. 76 (QB)

MLB Law News

Leona June Cowie, Administratrix of the Estate of Ross Kendall Cowie (plaintiff) v. Arnold Astle (defendant)

(Archives RS48/1966/247)

Indexed As: Cowie v. Astle

New Brunswick Supreme Court

Queen's Bench Division

Anglin, J.

September 16, 1966.

Summary:

Motor Vehicle - Collision - Liability - Plaintiff's action dismissed with costs. The deceased, husband of plaintiff, was a passenger in a vehicle parked in rural area on the right hand side of highway on a foggy night. Plaintiff alighted from vehicle from back seat on left side when struck by an overtaking vehicle driven by defendant. Held no facts proved to constitute negligence on part of defendant.

Torts - Topic 352

Negligence - Motor vehicle - Pedestrians and bicyclists - On highway - See paragraphs 1 to 35.

Torts - Topic 426

Negligence - Motor vehicle - Rules of the road - Overtaking - Parked or stopped vehicle - See paragraphs 1 to 35.

Torts - Topic 427

Negligence - Motor vehicle - Rules of the road - Overtaking - Duty of overtaking driver - See paragraphs 1 to 35.

Counsel:

J.P. Barry, Q.C., for the plaintiff;

D.M. Gillis, Q.C., for the defendant.

This case was heard at a Nisi Prius sitting for the County of York on January 20, 1966, before Anglin, J., of the New Brunswick Supreme Court, Queen's Bench Division, who delivered the following decision on September 16, 1966.