O'Hearn v. Robichaud, (1977) 16 N.B.R.(2d) 393 (CA)

• Judge: Hughes, C.J.N.B., Limerick and Ryan, JJ.A.
• Court: Court of Appeal (New Brunswick)
• Case Date: January 14, 1977
• Jurisdiction: New Brunswick
• Citations: (1977), 16 N.B.R.(2d) 393 (CA)

O'Hearn v. Robichaud (1977), 16 N.B.R.(2d) 393 (CA);

    16 R.N.-B.(2e) 393; 21 A.P.R. 393

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Sommaire et texte intégral

O'Hearn v. Robichaud

Indexed As: O'Hearn v. Robichaud

Répertorié: O'Hearn v. Robichaud

New Brunswick Court of Appeal

Hughes, C.J.N.B., Limerick and Ryan, JJ.A.

January 14, 1977.

Summary:

Résumé:

This case arose out of the plaintiff's claim in negligence against the defendant for damages. The plaintiff started to cross a through highway from a road to enter her own driveway. The plaintiff's vehicle stalled on the through highway and would not start. After a truck passed the plaintiff's vehicle, the defendant's vehicle struck the plaintiff's vehicle. The plaintiff brought an action in negligence for damages against the defendant.

The New Brunswick Court of Queen's Bench, in a judgment reported 14 N.B.R.(2d) 222, allowed the plaintiff's action and found the defendant wholly at fault. The defendant appealed.

The New Brunswick Court of Appeal dismissed the appeal and affirmed the decision of the Court of Queen's Bench.

Practice - Topic 8800

Appeals - Duty of Appeal Court regarding findings of fact by trial judge - The New Brunswick Court of Appeal stated that an appeal court will not interfere with findings of fact by a trial judge unless he has fallen into some obvious error in arriving at his decision - See paragraph 8.

Torts - Topic 416

Negligence - Motor vehicle - Rules of the road - Right-of-way - Crossing through highway - The plaintiff started to cross a through highway from a road to enter her own driveway - The plaintiff's vehicle stalled on the through highway and would not start - After a truck passed the plaintiff's vehicle, the defendant's vehicle struck the plaintiff's vehicle - The New Brunswick Court of Appeal held the defendant wholly at fault in not seeing the plaintiff's vehicle in time to stop.

Cases Noticed:

Metivier v. Cadorette et al. (1975), 8 N.R. 129, appld. [para. 8].

Davidson v. Porelle (1969), 1 N.B.R.(2d) 182, appld. [para. 8].

Morrell v. Province of New Brunswick & Village of Minto, 14 N.B.R.(2d) 242, appld. [para. 8].

Counsel:

J. Turney Jones, Q.C., for the defendant, appellant;

Terrance P. Lenihan, for the plaintiff, respondent.

This case was heard on November 22, 1976, at Fredericton, N.B., before HUGHES, C.J.N.B., LIMERICK, and RYAN, JJ.A., of the New Brunswick Supreme Court, Appeal Division.

On January 14, 1977, RYAN, J.A., delivered the following judgment of the Appeal Division: