Raiche v. Surkis, [1967] N.B. Law News No. 43 (QB)

JudgeRobichaud, J.
CourtCourt of Queen's Bench of New Brunswick (Canada)
Case DateMarch 10, 1967
JurisdictionNew Brunswick
Citations[1967] N.B. Law News No. 43 (QB)

Raiche v. Surkis, [1967] N.B. Law News No. 43 (QB)

MLB Law News

Allard Raiche (plaintiff) v. Jean Pierre Surkis (defendant)

(11/67/C; Archives RS48/1967/11)

Indexed As: Raiche v. Surkis

New Brunswick Supreme Court

Queen's Bench Division

Robichaud, J.

March 10, 1967.

Summary:

Independent Contractor - Master and Servant - Action dismissed with costs for claim of damages for injuries received by plaintiff while employed on defendant's premises repairing deep water well. Held plaintiff built the well four years prior to accident and was familiar with it and defendant did not have such control as to establish the relationship of master and servant. Plaintiff was an independent contractor and injuries were caused by his own carelessness.

Counsel:

Guy W. Boisvert, for the plaintiff;

J. Frེdེric Arsenault, for the defendant.

This case was heard at the January 1967 Gloucester County Circuit, before Robichaud, J., of the New Brunswick Supreme Court, Queen's Bench Division, who delivered the following decision on March 10, 1967.

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