LeBlanc et al. v. Boissoneau, (1969) 1 N.B.R.(2d) 396 (CA)

• Judge: Bridges, C.J.N.B., Limerick and Hughes, JJ.A.
• Court: Court of Appeal (New Brunswick)
• Case Date: April 11, 1969
• Jurisdiction: New Brunswick
• Citations: (1969), 1 N.B.R.(2d) 396 (CA)

LeBlanc v. Boissoneau (1969), 1 N.B.R.(2d) 396 (CA);

    1 R.N.-B.(2e) 396

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Sommaire et texte intégral

LeBlanc et al. v. Boissoneau

Indexed As: LeBlanc et al. v. Boissoneau

Répertorié: LeBlanc et al. v. Boissoneau

New Brunswick Court of Appeal

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

April 11, 1969.

Summary:

Résumé:

The New Brunswick Court of Appeal reversed trial judgment and found that defendant/driver was grossly negligent within the meaning of section 242(1) of the Motor Vehicle Act, and liable to the plaintiff/passengers. The defendant was driving at a speed of 20 m.p.h. under the worst possible weather conditions which only allowed him to see a very short distance ahead of him. The accident was due to the failure of the defendant/driver to observe in time a very sharp turn in the highway, resulting in the defendant driving his car off the highway and striking a hydro pole.

Torts - Topic 328

Negligence - Motor vehicle, gratuitous passenger - What constitutes gross negligence (New Brunswick Court of Appeal).

Cases Noticed:

Ouellette v. Johnson, [1963] S.C.R. 96, folld.

Teasdale v. MacIntyre, [1968] S.C.R. 735, folld.

Smith v. Steeves (1958), 41 M.P.R. 91 (N.B.C.A.), folld.

McCullouch v. Murray, [1942] S.C.R. 141, folld.

Markling v. Ewankiuk, [1968] S.C.R. 776, folld.

Statutes Noticed:

Motor Vehicle Act, S.N.B., 1955, c. 13, sect. 242(1).

Counsel:

Keith Thompson, for plaintiffs/appellants;

Horace B. Trites, for defendant/respondent.

The judgment of the Court was delivered by Bridges, C.J.N.B.