Hulan et al. v. Caines et al., (1972) 3 Nfld. & P.E.I.R. 60 (NFCA)

JudgePuddester, Higgins and Mifflin, JJ.
CourtNewfoundland Court of Appeal
Case DateJune 06, 1972
JurisdictionNewfoundland and Labrador
Citations(1972), 3 Nfld. & P.E.I.R. 60 (NFCA)

Hulan v. Caines (1972), 3 Nfld. & P.E.I.R. 60 (NFCA)

MLB headnote and full text

Hulan et al. v. Caines et al.

Indexed As: Hulan et al. v. Caines et al.

Newfoundland Supreme Court

On Appeal

Puddester, Higgins and Mifflin, JJ.

June 6, 1972.

Summary:

The appeal court affirmed the decision of the trial court and held the defendant truck driver solely at fault for a collision between a truck and a snowmobile. The snowmobile crossed the highway at a local crossing for snowmobiles and drove into the path of defendant's truck. The defendant was aware of the crossing place and saw the snowmobile approach the crossing. The defendant slowed in anticipation but was unable to avoid the snowmobile which was struck in the defendant's left-hand lane.

The appeal court held that the defendant was negligent in failing to take adequate precautions in approaching an area of possible danger. The appeal court stated that even though the snowmobile operator may have been negligent, his negligence was not a contributing cause of the accident.

Torts - Topic 682

Negligence - Snow vehicles and all terrain vehicles - Crossing highways - Motor vehicle - Proximate cause of accident - Truck struck snowmobile which was crossing road - Truck driver aware of snowmobile crossing - Failure of truck driver to take adequate precautions - Newfoundland Court of Appeal held truck driver negligent and sole cause of accident.

Cases Noticed:

Nance v. B.C. Electric Ry. Company, [1951] A.C. 601, refd to.

Kennedy v. Parker (1969), 1 N.B.R.(2d) 133, refd to.

Toronto Ry. Company v. King, [1908] A.C. 260, dist.

R. v. Gauthier, [1945] S.C.R. 143, dist.

Radley v. London & Northwestern Railway (1876), 1 A.C. 754, dist.

The Bywell Castle (1879), 4 P.D. 219, dist.

Swadling v. Cooper, [1931] A.C. 1, dist.

Eaton's v. O'Neill & Strong (1963), 47 M.P.R. 101, refd to.

Nortt v. Oppen (1955), 1 D.L.R. 395, folld.

Walder v. Hunt (1949-50), 25 M.P.R. 5, folld.

Daly v. Liverpool Corporation, [1939] 2 All E.R. 142, refd to.

The Eurymedon, [1938] 1 All E.R. 122, refd to.

Statutes Noticed:

Highway Traffic Act, S. Nfld. 1962, c. 82, sect. 142.

Counsel:

Edward P. Poole, for the plaintiff-respondents;

William E. Wells, for the defendant-appellants.

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