Labbe v. Savard, [1966] N.B. Law News No. 52 (QB)

• Judge: Anglin, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: February 21, 1964
• Jurisdiction: New Brunswick
• Citations: [1966] N.B. Law News No. 52 (QB)

Labbe v. Savard, [1966] N.B. Law News No. 52 (QB)

MLB Law News

Leo Labbe, administrator of the estate of Marie Marianne Jacqueline Labbe, Jeannine Labbe and Rita Cormier (plaintiffs) v. Aurele Savard and Patrick Cyr (defendants)

(393/62/C; Archives RS48/1962/393)

Indexed As: Labbe v. Savard

New Brunswick Supreme Court

Queen's Bench Division

Anglin, J.

August 8, 1966.

Summary:

Court accepts evidence of defendant and dismisses claim by plaintiff who was passenger in motor vehicle which on overtaking defendant ran into ditch. Court finds evidence of dead driver given at inquest following accident not admissible - review of authorities and references to section 30A of the Evidence Act.

Torts - Topic 411

Negligence - Motor vehicle - Rules of the road - Making turns - Left turns - See paragraphs 1 to 29.

Torts - Topic 427

Negligence - Motor vehicle - Rules of the road - Overtaking - Duty of overtaking driver - See paragraphs 1 to 29.

Torts - Topic 428

Negligence - Motor vehicle - Rules of the road - Overtaking - Duty of driver being overtaken - See paragraphs 1 to 29.

Counsel:

Fernand G. Dube, for the plaintiffs;

Paul E. Pelletier, Q.C., for the defendant, Patrick Cyr;

No appearance for the defendant, Savard.

This case was heard in the Restigouche County Circuit Court at Dalhousie, N.B. on February 21, 1964, before Anglin, J., of the New Brunswick Supreme Court, Queen's Bench Division, who delivered the following decision dated August 5 and filed on August 8, 1966.