McCarthy v. Chittick and Fillmore, (1969) 2 N.B.R.(2d) 24 (CA)

JudgeBridges, C.J.N.B., Limerick and Hughes, JJ.A.
CourtCourt of Appeal (New Brunswick)
Case DateMay 14, 1969
JurisdictionNew 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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1 practice notes
  • Bain and Budd v. Daigle, (1976) 13 N.B.R.(2d) 654 (QB)
    • Canada
    • New Brunswick Court of Queen's Bench of New Brunswick (Canada)
    • January 23, 1976
    ...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......
1 cases
  • Bain and Budd v. Daigle, (1976) 13 N.B.R.(2d) 654 (QB)
    • Canada
    • New Brunswick Court of Queen's Bench of New Brunswick (Canada)
    • January 23, 1976
    ...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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