Martin v. Martin, (1969) 1 N.B.R.(2d) 361 (CA)

• Judge: Ritchie, Limerick and Hughes, JJ.A.
• Court: Court of Appeal (New Brunswick)
• Case Date: February 13, 1969
• Jurisdiction: New Brunswick
• Citations: (1969), 1 N.B.R.(2d) 361 (CA)

Martin v. Martin (1969), 1 N.B.R.(2d) 361 (CA);

    1 R.N.-B.(2e) 361

MLB headnote and full text

Sommaire et texte intégral

Martin v. Martin

Indexed As: Martin v. Martin

Répertorié: Martin v. Martin

New Brunswick Court of Appeal

Ritchie, Limerick and Hughes, JJ.A.

February 13, 1969.

Summary:

Résumé:

The New Brunswick Court of Appeal held defendant two-thirds at fault for motor vehicle accident where defendant was overtaking the plaintiff's motor vehicle. Defendant saw but disregarded plaintiff's left turn signal. Also, defendant failed to sound horn.

Plaintiff held one-third at fault for failing to look for overtaking vehicle to ensure that left turn could be made with reasonable safety.

Torts - Topic 427

Negligence - Motor vehicle, rules of the road - Overtaking, duty of overtaking driver - Defendant turned left when plaintiff was overtaking defendant - Division of liability (New Brunswick Court of Appeal).

Statutes Noticed:

Motor Vehicle Act, S.N.B. 1955, c. 13, sect. 144(3).

Counsel:

Edgar T. Tweedie, Q.C., for defendant/appellant;

J.C. Angers, for plaintiff/respondent.

The judgment of the Court was delivered orally by Hughes, J.A.