Redden et al. v. Quinlan and Eastern Provincial Airways, (1969) 1 Nfld. & P.E.I.R. 113 (NFTD)

• Judge: Mifflin, J.
• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: November 25, 1969
• Jurisdiction: Newfoundland and Labrador
• Citations: (1969), 1 Nfld. & P.E.I.R. 113 (NFTD)

Redden v. Quinlan (1969), 1 Nfld. & P.E.I.R. 113 (NFTD)

MLB headnote and full text

Redden et al. v. Quinlan and Eastern Provincial Airways

Indexed As: Redden et al. v. Quinlan and Eastern Provincial Airways

Newfoundland Supreme Court

Trial Division

Mifflin, J.

November 25, 1969.

Summary:

Trial Court divided liability equally for damages arising out of a motor vehicle collision at an intersection. The plaintiff who was facing a stop sign was held 50% at fault for failing to stop in a position as required by Section 126 of the Highway Traffic Act and the defendant was held 50% at fault for travelling too fast under the circumstances.

Torts - Topic 503

Negligence - Motor vehicle, parking or stopping - Stopping before entering an intersection - The Newfoundland Supreme Court, Trial Division, held the driver of motor vehicle negligent in stopping near intersection but behind "stop" sign instead of close to driving surface of through highway - Section 126(16) of Highway Traffic Act.

Cases Noticed:

Iverson v. Kearsey (1966), 51 M.P.R. 120; 52 M.P.R. 235, not folld.

Statutes Noticed:

Highway Traffic Act, S.N. 1962, c. 82, sect. 126(16), sect. 141.

Counsel:

Francis F. O'Dea, for the plaintiff;

G.L. Steele, for the defendants.