Pollard v. N.B. Power, [1967] N.B. Law News No. 4 (QB)

JudgeAnglin, J.
CourtCourt of Queen's Bench of New Brunswick (Canada)
Case DateDecember 14, 1966
JurisdictionNew Brunswick
Citations[1967] N.B. Law News No. 4 (QB)

Pollard v. N.B. Power, [1967] N.B. Law News No. 4 (QB)

MLB Law News

William H. Pollard and Anna G. Pollard (plaintiffs)  v. The New Brunswick Electric Power Commission, a body corporate, and Clarence Carter (defendants)

Leonard Venne (plaintiff) v. The New Brunswick Electric Power Commission, a body corporate, and Clarence Carter (defendants)

(Archives RS48/1963/853)

Indexed As: Pollard v. New Brunswick Electric Power Commission et al.

New Brunswick Supreme Court

Queen's Bench Division

Anglin, J.

December 14, 1966.

Summary:

Negligence - House owned by first Plaintiff and occupied by second Plaintiff, completely destroyed by fire. First Plaintiff claims for dwelling and second Plaintiff claims for the value of personal property lost therein. House unoccupied at time of fire. N.B.E.P.C. found not liable but second Defendant was an independent contractor employed by the N.B.E.P.C. and was found negligent in blasting with dynamite at a power line pole adjacent to the house. Court held there was no evidence to show that the N.B.E.P.C. did not take precautions under its duty to the Plaintiffs when it employed an independent contractor using dangerous material and therefore, the Court is precluded from finding the N.B.E.P.C. negligent. (Ed Quaere: Whether Plaintiff or N.B.E.P.C. should have onus of proof re precautions to be taken by N.B.E.P.C. compare 67-1 Above)

Public Utilities - Topic 15

General - General principles and definitions - Liability of - General - See paragraph 1 to 34.

Counsel:

W.W. Meldrum, Q.C., for the plaintiffs in two actions;

J.P. Barry, Q.C., for the defendant, N.B.E.P.C.;

F.H. Forbes, Q.C., for the defendant, Clarence Carter.

This case was heard on December 14, 1966, before Anglin, J., of the New Brunswick  Supreme Court, Queen's Bench Division, who filed the following decision on January 27, 1967.

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