Doucette v. McLeod, [1967] N.B. Law News No. 42 (QB)

• Judge: Robichaud, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: March 02, 1967
• Jurisdiction: New Brunswick
• Citations: [1967] N.B. Law News No. 42 (QB)

Doucette v. McLeod, [1967] N.B. Law News No. 42 (QB)

MLB Law News

Melvin Doucette (plaintiff) v. Paul D.G. McLeod

and Hazen Middleton (defendants)

(682/66/C; Archives RS48/1966/682)

Indexed As: Doucette v. McLeod

New Brunswick Supreme Court

Queen's Bench Division

Robichaud, J.

March 2, 1967.

Summary:

Liability of Bailee - Defendant Bailee liable for damages to Plaintiff's auto resulting from vehicle being wrecked when it was stolen from Defendant's car lot. Defendant had assured Plaintiff that vehicle was covered by insurance and following Piper v. Geldart (1954), 33 M.P.R. 171, the burden is upon the Bailee to show that any loss was not occasioned by the absence of reasonable care and skill. Held although some evidence was presented of precautions, the Defendant did not produce sufficient evidence to disprove negligence on his part. The precautions taken would have in the ordinary case of car theft entitled the owner to recover under an automobile insurance policy covering theft but these precautions did not fulfil the Defendant's obligations when he failed to provide a proper enclosure, meaning a fence, around the car lot.

Counsel:

George E. McInerney, Q.C., for the plaintiff;

J. Turney Jones, for the defendant.

This case was heard at the Saint John, County Circuit in February Term 1967, before Robichaud, J., of the New Brunswick Supreme Court, Queen's Bench Division, who delivered the following decision on March 2, 1967.