Duguay v. Landry et al., [1966] N.B. Law News No. 63 (CA)

• Judge: Bridges, C.J.N.B., Ritchie and West, JJ.A.
• Court: Court of Appeal (New Brunswick)
• Case Date: September 27, 1966
• Jurisdiction: New Brunswick
• Citations: [1966] N.B. Law News No. 63 (CA)

Duguay v. Landry, [1966] N.B. Law News No. 63 (CA)

MLB Law News

Aime A. Duguay (plaintiff/appellant) v. Alonzo Landry and Canadian Oil Companies Ltd. (defendants/respondents)

(Archives RS48/1964/324)

Indexed As: Duguay v. Landry et al.

New Brunswick Supreme Court

Appeal Division

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

September 27, 1966.

Summary:

Evidence - Appeal dismissed from judgment dismissing plaintiff -- appellant's action against oil distributors when a can containing oil exploded in Plaintiff's hand causing injuries. Plaintiff relies on rule of evidence Res Ipsa Loquiter, but court held that oil used was not delivered by Defendant. Held further that there was ample evidence to support findings of trial judge that accident must have been caused by negligence of Plaintiff.

Torts - Topic 167

Negligence - Evidence - Presumption of negligence - Res ipsa loquitur - Inference of neligence - See paragraphs 1 to 7.

Torts - Topic 4312

Suppliers of goods - Negligence - Evidence and proof - See paragraphs 1 to 7.

Counsel:

Charles E. Leger, Q.C., for the plaintiff, appellant;

Stewart & Stratton, for the respondent, Landry;

Murphy, Murphy & Mollins, for the respondent, Canadian Oil Co. Ltd.

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 by West, J.A., for the Court on September 27, 1966.