Noseworthy v. Hickey, (1972) 3 Nfld. & P.E.I.R. 127 (NFSC)

• Judge: Higgins, J.
• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: June 12, 1972
• Jurisdiction: Newfoundland and Labrador
• Citations: (1972), 3 Nfld. & P.E.I.R. 127 (NFSC)

Noseworthy v. Hickey (1972), 3 Nfld. & P.E.I.R. 127 (NFSC)

MLB headnote and full text

Noseworthy v. Hickey

Indexed As: Noseworthy v. Hickey

Newfoundland Supreme Court

At Trial

Higgins, J.

June 12, 1972.

Summary:

The trial court dismissed the plaintiff's action for damages for personal injuries and held that the plaintiff was the author of his own injuries. The plaintiff collided with a closed glass entrance door in the defendant's restaurant in the belief that the door was open. The plaintiff did not walk up the two steps to the door but sprang or leaped over them into the door.

The trial court held that the glass door did not constitute an "unusual danger" and that the defendant did not breach his duty to the plaintiff as an invitee. The trial court held that the plaintiff's approach to the door was unusual and that, if the plaintiff had approached in the usual manner, he would have perceived that the door was not open.

Torts - Topic 3714

Occupiers' liability for dangerous premises - Invitees, standard of care of occupiers - Unusual danger (incl. what constitutes) - Customer of restaurant collided with closed glass door - Whether glass door "unusual danger" - Newfoundland Supreme Court held door did not constitute an unusual danger and that customer was author of own injury.

Cases Noticed:

Indemaur v. Danes (1866), L.R. 1 C.P. 274, appld.

London Graving Dock Co. Ltd. v. Horton, [1951] A.C. 737, appld.

Burke v. Batcules (1962), 33 D.L.R.(2d) 544, folld.

Counsel:

Francis P. Fowler, for the Plaintiff;

Raymond J. Halley, for the Defendant.