McCarthy v. Chittick and Fillmore, (1969) 2 N.B.R.(2d) 24 (CA)
Judge | Bridges, C.J.N.B., Limerick and Hughes, JJ.A. |
Court | Court of Appeal (New Brunswick) |
Case Date | May 14, 1969 |
Jurisdiction | New Brunswick |
Citations | (1969), 2 N.B.R.(2d) 24 (CA) |
McCarthy v. Chittick (1969), 2 N.B.R.(2d) 24 (CA);
2 R.N.-B.(2e) 24
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McCarthy v. Chittick and Fillmore
Indexed As: McCarthy v. Chittick and Fillmore
Répertorié: McCarthy v. Chittick and Fillmore
New Brunswick Court of Appeal
Bridges, C.J.N.B., Limerick and Hughes, JJ.A.
November 14, 1969.
Summary:
Résumé:
The New Brunswick Court of Appeal affirmed trial judge's finding with respect to liability but found the general damage award of $3,000 to be inordinately excessive and reduced the amount to $1,500.
The New Brunswick Court of Appeal in reducing award referred to recovery from abrasions in not more than two weeks and recovery from sprain in two months and healing of duodenal ulcer in about four months.
Evidence - Topic 109
Degree, standard or burden of proof - Standard or degree of proof - Causality - Whether duodenal ulcer resulted from trauma caused by motor vehicle accident (New Brunswick Court of Appeal).
Damage Awards - Topic 150
Injury and death - Multiple injuries - General - Multiple injuries and duodenal ulcer all healing within four months - $1,500 general damages for personal injuries (New Brunswick Court of Appeal).
Counsel:
J. Turney Jones, for the appellants, Chittick and Fillmore;
John P. Barry, for the respondent, McCarthy.
Appeal from judgment of Prescott, J., dated May 14, 1969 [(1969) 1 N.B.R.(2d) 456], in favour of the plaintiff for damages arising out of a motor vehicle collision.
The Judgment of the Court was delivered by Limerio J.A.
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Bain and Budd v. Daigle, (1976) 13 N.B.R.(2d) 654 (QB)
...865, folld. [para. 15]. Arsenault v. LeBlanc (1973), 6 N.B.R.(2d) 733, folld. [para. 15]. McCarthy v. Chittick and Fillmore (1970), 2 N.B.R.(2d) 24, folld. [para. John P. Barry, for the plaintiffs; J. Turney Jones, Q.C., for the defendants. This case was tried by Stratton, J., at Saint John......
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Bain and Budd v. Daigle, (1976) 13 N.B.R.(2d) 654 (QB)
...865, folld. [para. 15]. Arsenault v. LeBlanc (1973), 6 N.B.R.(2d) 733, folld. [para. 15]. McCarthy v. Chittick and Fillmore (1970), 2 N.B.R.(2d) 24, folld. [para. John P. Barry, for the plaintiffs; J. Turney Jones, Q.C., for the defendants. This case was tried by Stratton, J., at Saint John......