Gall v. Bews, (1991) 128 A.R. 113 (QB)

• Judge: Rooke, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: December 09, 1991
• Citations: (1991), 128 A.R. 113 (QB)

Gall v. Bews (1991), 128 A.R. 113 (QB)

MLB headnote and full text

Charles Ralph Gall (plaintiff) v. Thomas Bews (defendant)

(No. 8901-08398)

Indexed As: Gall v. Bews

Alberta Court of Queen's Bench

Judicial District of Calgary

Rooke, J.

December 9, 1991

Summary:

Gall sued Bews in contract and in negli­gence with respect to the hiring of a horse and injuries suffered when he was bucked from that horse.

The Alberta Court of Queen's Bench dis­missed the action.

Torts - Topic 255

Negligence - Animals - Duty of lessor or supplier of animals - Gall rented a horse from Bews for a one-week hunting trip in the foothills and mountains west of Long­view, Alberta - The horse in question had been known to hesitate upon crossing a stream and getting in a horse trailer - Bews notified Gall of this and what to do about it - After delivery, Bews noticed a large saddle bag on the horse - Bews made no comment - When Gall got on the horse, it reared up - Gall fell backwards, broke his neck and sued Bews - The Alberta Court of Queen's Bench dismissed the action because Bews did not breach his duty to provide Gall with a horse reason­ably fit for the purpose.

Cases Noticed:

Stanker v. Anderson, [1938] 3 W.W.R. 529 (Sask. C.A.), consd. [para. 15].

Gill v. MacDonald (1977), 14 Nfld. & P.E.I.R. 438; 33 A.P.R. 438 (P.E.I.S.C.), consd. [para. 16].

Draper v. Hodder, [1972] 2 All E.R. 210, dist. [para. 17].

Saari v. Sunshine Riding Academy Ltd. (1967), 65 D.L.R.(2d) 92 (Man. Q.B.), consd. [para. 19].

Collins v. Richmond Rodeo Riding Ltd. and Amundson (1966), 55 W.W.R. 289 (B.C.S.C.), refd to. [para. 20].

Zed v. MacKinnon (1969), 1 N.B.R.(2d) 151 (N.B.S.C.), refd to. [para. 20].

Sgro et al. v. Verbeek (1980), 28 O.R.(2d) 713, refd to. [para. 20].

Vander Linden v. Kellett et al. (1971), 21 D.L.R.(3d) 256 (B.C.S.C.), consd. [para. 22].

Sim v. Wardock (1981), 29 A.R. 260 (Alta. Q.B.), consd. [para. 23].

Coleshaw v. Lipsett (1973), 33 D.L.R.(3d) 382 (Sask. Q.B.), refd to. [para. 24].

Counsel:

C. Rimmer-Parno, for the plaintiff;

D.G. Stokes, for the defendant.

This action was heard by Rooke, J., of the Alberta Court of Queen's Bench, Judicial District of Calgary, who delivered the fol­lowing decision orally on December 9, 1991.