Keswick Apple Co-op Ltd. v. Creamery Package Mfg. Co. of Canada et al., [1966] N.B. Law News No. 27 (CA)

• Judge: Bridges, C.J.N.B., West and Limerick, JJ.A.
• Court: Court of Appeal (New Brunswick)
• Case Date: June 10, 1966
• Jurisdiction: New Brunswick
• Citations: [1966] N.B. Law News No. 27 (CA)

Keswick Apple v. Creamery Package, [1966] N.B. Law News No. 27 (CA)

MLB Law News

Creamery Package Mfg. Co. of Canada Ltd., a company duly incorporated, Burt Hennigar and Cowan Construction Co. Ltd., a company duly incorporated (defendants) (appellants) v. Keswick Ridge Apple Co-Operative Limited, a body corporate (plaintiff) (respondent)

(Archives RS43/1966)

Indexed As: Keswick Apple Co-op Ltd. v. Creamery Package Mfg. Co. of Canada et al.

New Brunswick Supreme Court

Appeal Division

Bridges, C.J.N.B., West and Limerick, JJ.A.

June 10, 1966.

Summary:

Negligence - Appeal on quantum of damages allowed and quantum reduced from $24,321. to $20,749. 6,783 bushels of ungraded apples damaged through negligence of employee of Appellant Creamery Package Mfg. Co. while adjusting the refrigeration equipment of the Respondent in September of 1964. The Respondent intended to market the apples in the spring of 1965. Held that the damages recoverable should be the difference between what the apples would have brought in the spring less salvage and expense incurred in respect of them before they would have been sold. Appeal Court reduces damages by $3,571. because of the costs of packaging and selling commission which was not taken into account by trial judge.

Damage Awards - Topic 537

Injury to land and buildings - Damage to crops - Stored crops - See paragraphs 1 to 19.

Damages - Topic 1836

Torts affecting goods - Damage to goods - Measure of damages - See paragraphs 1 to 17.

Counsel:

A.B. Gilbert, Q.C., for the appellant, Creamery Package Mfg. Co.;

C.T. Gilbert, for the appellant, Cowan Construction Co.;

R.B. Cochrane, for the plaintiff/respondent.

This appeal was heard before Bridges, C.J.N.B., West and Limerick, JJ.A., of the New Brunswick Supreme Court, Appeal Division. Bridges, C.J.N.B., delivered the following decision for the court on June 10, 1966.