Pretty v. Reid, (1969) 1 Nfld. & P.E.I.R. 425 (NFCA)

• Judge: Puddester, Higgins and Mifflin, JJ.
• Court: Court of Appeal (Newfoundland)
• Case Date: December 05, 1969
• Jurisdiction: Newfoundland and Labrador
• Citations: (1969), 1 Nfld. & P.E.I.R. 425 (NFCA)

Pretty v. Reid (1969), 1 Nfld. & P.E.I.R. 425 (NFCA)

MLB headnote and full text

Pretty v. Reid

Indexed As: Pretty v. Reid

Newfoundland Supreme Court

On Appeal

Puddester, Higgins and Mifflin, JJ.

December 5, 1969.

Summary:

Appeal Court allowed appeal and held defendant driver wholly at fault for not keeping a proper lookout and for proceeding at night on a road under construction when his path of travel was unclear, resulting in a collision with a workman. Defendant driver drove over a pile of gravel into plaintiff dump truck spotter who was standing behind pile which was the first of several in the defendant driver's lane. Beyond the line of piles of gravel was a grader with its lights shining towards the defendant driver. There were no warning devices. Appeal Court found that defendant driver passed by shortly before the accident, knew the road was under construction, knew the lights in front of him were those of a grader and accordingly should have been on guard.

Evidence - Topic 151

Burden of proof - Negligence - Defendant presented the only evidence which described accident - Whether plaintiff failed to prove allegations of negligence - The Newfoundland Court of Appeal held proof of allegations of negligence comes from whole of evidence and need not be established by evidence presented by plaintiff only.

Torts - Topic 376

Negligence - Motor vehicle - Keeping a proper lookout - Road under construction - Defendant driver struck plaintiff dump truck spotter standing behind pile of gravel at night on highway under construction - Gravel pile in defendant driver's lane - No warning signals - The Newfoundland Court of Appeal held defendant driver wholly at fault in driving when he could not see path of travel.

Counsel:

T. Williams, for the plaintiff, appellant;

G. Steele, for the defendant, respondent.