Davidson v. Porelle, (1968) 1 N.B.R.(2d) 182 (CA)

• Judge: Ritchie, Limerick and Hughes, JJ.A.
• Court: Court of Appeal (New Brunswick)
• Case Date: December 27, 1968
• Jurisdiction: New Brunswick
• Citations: (1968), 1 N.B.R.(2d) 182 (CA)

Davidson v. Porelle (1968), 1 N.B.R.(2d) 182 (CA);

    1 R.N.-B.(2e) 182

MLB headnote and full text

Sommaire et texte intégral

Davidson v. Porelle

Indexed As: Davidson v. Porelle

Répertorié: Davidson v. Porelle

New Brunswick Court of Appeal

Ritchie, Limerick and Hughes, JJ.A.

December 27, 1968.

Summary:

Résumé:

On hearing of an appeal from a trial judge's decision following a trial of an action for damages arising out of a motor vehicle accident, the New Brunswick Court of Appeal refused to disturb the fact finding of the trial judge with respect to the position of the motor vehicles just prior to a collision.

The New Brunswick Court of Appeal held that to justify a reversal of the findings of the trial judge that an appeal court must not merely entertain doubt as to whether such fact finding is right but that an appeal court must be satisfied that the fact finding is clearly wrong.

Practice - Topic 8800

Appeals - General principles - Duty of appellate court regarding findings of fact by a trial judge - Whether the New Brunswick Court of Appeal should reverse fact finding by trial judge.

Cases Noticed:

The Julia (1860), 14 Moo. P.C. 210, folld.

Hontestrom v. S.S. Sagaporack, [1927] A.C. 37, folld.

Powell v. Streatham Manor Nursing Home, [1935] A.C. 243, folld.

Counsel:

Irving Mitton, for plaintiff/respondent;

George Cooper, for defendant/appellant.

The judgment of the Court was delivered by Hughes, J.A.