Cowie v. Astle, [1967] N.B. Law News No. 31 (CA)

• Judge: Bridges, C.J.N.B., Ritchie and West, JJ.A.
• Court: Court of Appeal (New Brunswick)
• Case Date: February 14, 1967
• Jurisdiction: New Brunswick
• Citations: [1967] N.B. Law News No. 31 (CA)

Cowie v. Astle, [1967] N.B. Law News No. 31 (CA)

MLB Law News

Leona June Cowie, administratrix of the Estate of Ross Kendall Cowie (plaintiff/appellant) v. Arnold Astle (defendant/respondent)

(Archives RS43/1966)

Indexed As: Cowie v. Astle

New Brunswick Supreme Court

Appeal Division

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

February 14, 1967.

Summary:

Appeal from judgment reported in October 1, 1966 issue of N.B. Law News #66-76. [See [1966] N.B. Law News No. 76].

Motor Vehicle - Appeal dismissed from judgment of trial judge dismissing Plaintiff's claim for damages under Fatal Accidents Act arising out of a motor vehicle collision where Plaintiff alighted from a vehicle from the back seat on left hand side and was struck by an overtaking vehicle driven by Defendant Appeal Court held that on evidence, trial judge did not come to an unreasonable conclusion.

Torts - Topic 352

Negligence - Motor vehicle - Pedestrians and bicyclists - On highway - See paragraphs 1 to 13.

Torts - Topic 426

Negligence - Motor vehicle - Rules of the road - Overtaking - Parked or stopped vehicle - See paragraphs 1 to 13.

Torts - Topic 427

Negligence - Motor vehicle - Rules of the road - Overtaking - Duty of overtaking driver - See paragraphs 1 to 13.

Counsel:

Henry E. Ryan, Q.C., for plaintiff/appellant;

Donald M. Gillis, Q.C., for the defendant/respondent.

This appeal was heard before Bridges, C.J.N.B., Ritchie and West, JJ.A., of the New Brunswick Supreme Court, Appeal Division. The following decision was delivered for the court by Bridges, C.J.N.B., on February 14, 1967.