MacLellan v. Devost, [1968] N.B. Law News No. 42 (CA)

• Judge: Bridges, C.J.N.B., Ritchie and Limerick, JJ.A.
• Court: Court of Appeal (New Brunswick)
• Case Date: April 02, 1968
• Jurisdiction: New Brunswick
• Citations: [1968] N.B. Law News No. 42 (CA)

MacLellan v. Devost, [1968] N.B. Law News No. 42 (CA)

MLB Law News

MacLellan v. Devost

Indexed As: MacLellan v. Devost

New Brunswick Supreme Court

Appeal Division

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

April 2, 1968.

Summary:

Motor Vehicle - "Agony of Collision" - Appeal allowed with costs varying the finding of the learned trial judge who stated that the Pl. was negligent in not turning just prior to the collision. Appeal Court stated that a collision was then,

"most imminent and the plaintiff had not time to think. I feel he did what any reasonable driver would have done under the circumstances, which was to apply his brakes as soon as possible."

Appeal Court held Pl. Appellant 30% at fault reversing Trial Court's finding that the Pl. was 65% at fault. With respect to an Appeal Court interfering with an apportionment of liability made by a trial judge, the Court of Appeal referred to S.S. Benmaple v. Ship Lafayette (1941) S.C.R. 66 at pp. 74-75.

See Trial Summary, N.B. Law News Issue, December 1, 1967 under #67-143.

Counsel:

J. Turney Jones, for the plaintiff/appellant;

W. Graser, for the respondent.

This appeal was heard before Bridges, C.J.N.B., Ritchie and Limerick, JJ.A., of the New Brunswick Supreme Court, Appeal Division, who delivered the following decision on April 2, 1968.