Leger Sand & Gravel Ltd. v. New Brunswick, [1966] N.B. Law News No. 15 (QB)

• Judge: Dickson, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: February 09, 1966
• Jurisdiction: New Brunswick
• Citations: [1966] N.B. Law News No. 15 (QB)

Leger Sand v. N.B., [1966] N.B. Law News No. 15 (QB)

MLB Law News

Leger Sand & Gravel Limited (a duly incorporated company) (plaintiff) v. Her Majesty the Queen, in right of the Province of New Brunswick, as represented by the Minister of Public Works (defendant)

(369/65/C)

Indexed As: Leger Sand & Gravel Ltd. v. New Brunswick

New Brunswick Supreme Court

Queen's Bench Division

Dickson, J.

February 18, 1966.

Summary:

Plaintiff's claim for loss of truck which fell through highway bridge dismissed as particulars of negligence or default amounting to misfeasance not set out in statement of claim and, in any event, no proof of negligence or default amounting to misfeasance.

Crown - Topic 5145

Officials and employees - Liability of officials in tort - Misfeasance - See paragraphs 1 to 24.

Torts - Topic 9152

Duty of care - Particular relationships - Claims against public officials, authorities or boards - Administrative misfeasance and nonfeasance -See paragraphs 1 to 24.

Torts - Topic 9156

Duty of care - Particular relationships - Claims against public officials, authorities or boards - Highway authorities - See paragraphs 1 to 24.

Counsel:

Guy Richard, for the plaintiff;

Richard L. Miller, for the defendant.

This case was tried at Westmorland Circuit, Moncton, on February 9, 1966, before Dickson, J., of the New Brunswick Supreme Court, Queen's Bench Division, who delivered the following decision on February 18, 1966.