Gilbert et al. v. Upshall, (1969) 1 Nfld. & P.E.I.R. 12 (NFTD)

• Judge: Mifflin, J.
• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: November 14, 1969
• Jurisdiction: Newfoundland and Labrador
• Citations: (1969), 1 Nfld. & P.E.I.R. 12 (NFTD)

Gilbert v. Upshall (1969), 1 Nfld. & P.E.I.R. 12 (NFTD)

MLB headnote and full text

Gilbert et al. v. Upshall

Indexed As: Gilbert et al. v. Upshall

Newfoundland Supreme Court

Trial Division

Mifflin, J.

November 14, 1969.

Summary:

Action for damages for personal injuries and death by passengers against driver of motor vehicle.

Torts - Topic 328

Negligence - Motor vehicle, gratuitous passengers - What constitutes gross negligence - What constitutes "guest without payment" - Claim by passenger against driver - Girl carried home from school and back regularly on weekends for $2.00 - The Newfoundland Supreme Court, Trial Division, held the girl was not carried as "guest without payment" - Highway Traffic Act, S.Nfld. 1962, c. 82, s. 220(1).

Torts - Topic 462

Negligence - Motor vehicle, speed - Where reduced speed required, road conditions - Defendant held negligent for travelling too fast under circumstances where motor vehicle skidded on slushy and icy road into path of oncoming vehicle - (Newfoundland Supreme Court, Trial Division).

Cases Noticed:

McCulloch v. Murray, [1942] 2 D.L.R. 179, refd to.

Walker v. Coates et al [1968], 68 D.L.R.(2d) 436, refd to.

Gauthier & Co. v. The King, [1945] S.C.R. 143, folld.

Laurie v. Raglan Building Co, [1941] 3 All E.R. 332, folld.

McKay v. Minard [1952] 5 W.W.R. 175, refd to.

Statutes Noticed:

Highway Traffic Act, S.Nfld. 1962, c. 82, sect. 114(2), sect. 220(1).

Counsel:

Isaac Mercer, Q.C., for the plaintiffs;

James R. Gushue, for the defendant.