Cyr v. Morneault, [1968] N.B. Law News No. 15 (CA)

• Judge: Bridges, C.J.N.B., Ritchie and Limerick JJ.A.
• Court: Court of Appeal (New Brunswick)
• Case Date: January 19, 1968
• Jurisdiction: New Brunswick
• Citations: [1968] N.B. Law News No. 15 (CA)

Cyr v. Morneault, [1968] N.B. Law News No. 15 (CA)

MLB Law News

Cyr v. Morneault

Indexed As: Cyr v. Morneault

New Brunswick Supreme Court

Appeal Division

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

January 19, 1968.

Summary:

Motor Vehicle Accident - Liability - Appeal allowed from County Court judgment for Df. where Df's vehicle on coming over a hill on the highway failed to stop after receiving sufficient warning and collided with the Pl's parked vehicle (which was across road following a previous collision). Df's negligence of driving at too great a speed considering the slippery condition of the road was the real and substantial cause of the collision notwithstanding Pl's parked vehicle was a danger on the highway. Judgment for Pl. for $970.

Counsel:

Charles A. Dionne, for the appellant/plaintiff;

Edgar T. Tweedie, Q.C., for the respondent/defendant.

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 January 19, 1968.