Hudson v. Dean, (1970) 1 Nfld. & P.E.I.R. 257 (NFCA)

• Judge: Furlong, C.J., Puddester and Mifflin, JJ.
• Court: Newfoundland Court of Appeal
• Case Date: June 02, 1970
• Jurisdiction: Newfoundland and Labrador
• Citations: (1970), 1 Nfld. & P.E.I.R. 257 (NFCA)

Hudson v. Dean (1970), 1 Nfld. & P.E.I.R. 257 (NFCA)

MLB headnote and full text

Hudson v. Dean et al.

Indexed As: Hudson v. Dean et al.

Newfoundland Supreme Court

On Appeal

Furlong, C.J., Puddester and Mifflin, JJ.

June 2, 1970.

Summary:

Appeal Court allowed appeal and held defendant wholly liable for motor vehicle collision. Appeal Court held that trial Court erred in holding that since it was unable to determine which of the parties was at fault, the claims of both parties must fail. Appeal Court stated that in such circumstances the Trial Judge is permitted to infer that the negligence must be equally that of the two parties and his finding then is that both parties are equally to blame. Appeal Court then considered the evidence and held that it supported the conclusion that the defendant was wholly at fault.

Torts - Topic 6600

Contributory negligence - Motor vehicle - General principles - Trial judge unable to determine which party was negligent - The Newfoundland Court of Appeal held it is not proper to hold that, in absence of evidence enabling blame to be fixed on one driver or another, no sufficient case has been established against either.

Cases Noticed:

Wotta v. Haliburton Oil Well Cementing Co. Ltd. et al, [1955] 2 D.L.R. 785 (S.C.C.), refd to.

Bray v. Palmer, [1953] 2 All E.R. 1449; 2 W.L.R. 1455 (C.A.), folld.

Statutes Noticed:

Contributory Negligence Act, R.S.N. 1952, c. 159, sect. 2(a).

Counsel:

D.L. Russell, for the plaintiff, appellant;

N. Noel, Q.C., for the defendants, respondents.

The judgment of the Court was delivered by Furlong, C.J.Nfld.