Roussel v. Lajoie, [1966] N.B. Law News No. 32 (CA)

JudgeBridges, C.J.N.B., Ritchie and Limerick, JJ.A.
CourtCourt of Appeal (New Brunswick)
Case DateApril 15, 1966
JurisdictionNew Brunswick
Citations[1966] N.B. Law News No. 32 (CA)

Roussel v. Lajoie, [1966] N.B. Law News No. 32 (CA)

MLB Law News

Armand Roussel (respondent) (plaintiff) v. Amanda Lajoie, Administratrix of the Estate of Normand Lajoie, deceased (appellant) (defendant)

Claude Hebert, Administrator of the Estate of Pauline Hebert (respondent) (plaintiff) v. Amanda Lajoie, Administratrix of the Estate of Normand Lajoie, deceased (appellant) (defendant)

(Archives RS43/1966)

Indexed As: Roussel v. Lajoie

New Brunswick Supreme Court

Appeal Division

Bridges, C.J.N.B., Ritchie and Limerick, JJ.A.

April 15, 1966.

Summary:

Weight of Evidence and Damage Award for Death - Motor vehicle accident in which the Defendant driver was killed and the Plaintiff driver through injuries could remember nothing of how the accident occurred. No witnesses to accident and there were no marks on the pavement. Appeal dismissed from Plaintiff's judgment because Defendant was driving "in such a manner that an accident was soon probable" and also "the position of the Roussel car after the accident would cause one to believe it probable that it was travelling on its proper side of the highway". Defence called no witnesses at the trial. Court refused to set aside general damage award of $1,000. for death of female, age 17, passenger in Plaintiff's car.

Torts - Topic 153

Negligence - Evidence - Burden of proof - See paragraphs 1 to 8.

Counsel:

F.D. Tweedie, Q.C., for the defendant/appellant;

R.C. Rice, for the plaintiff/respondent.

This appeal was heard before Bridges, C.J.N.B, Ritchie and Limerick, JJ.A., of the New Brunswick Supreme Court, Appeal Division. Bridges, C.J.N.B., delivered the following decision on April 15, 1966.

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