Sandwith v. McNeil, [1966] N.B. Law News No. 1 (QB)

• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: May 06, 1966
• Jurisdiction: New Brunswick
• Citations: [1966] N.B. Law News No. 1 (QB)

Sandwith v. McNeil, [1966] N.B. Law News No. 1 (QB)

MLB Law News

Donald Sandwith (plaintiff) v. Norman Scott McNeil (defendant)

(791/65/C; Archives RS48/1965/791)

Indexed As: Sandwith v. McNeil

New Brunswick Supreme Court

Queen's Bench Division

York County

Hughes, C.C.J.

May 4, 1966.

Summary:

Plaintiff making left turn with his motor vehicle into a private driveway when struck by defendant who was in the act of passing on double white line. Negligence apportioned 75% against the defendant and 25% against the plaintiff. Plaintiff's motor vehicle complete loss. Plaintiff's claim for loss of use not wholly proved but a reasonable amount allowed. Special damages for loss of use based on Nason v. O'Brien, 1958 41 M.P.R. @ 314 (N.B. Court of Appeal), which is also authority for award for general damages for loss of use, for inconvenience as too remote. Court allowed a reasonable amount based on existing rates for defendant's claim for labour which he did himself.

Damages - Topic 1845

Torts affecting goods - Damage to goods - Repair - General - See paragraphs 25 and 26.

Damages - Topic 1852

Torts affecting goods - Damage to goods - Loss of use - See paragraphs 18-24.

Torts - Topic 406

Negligence - Motor vehicle - Rules of the road - Passing - Failure to drive to the right of the centre of the road - See paragraphs 1-29.

Torts - Topic 411

Negligence - Motor vehicle - Rules of the road - Making turns - Left turns - See paragraphs 1-29.

Torts - Topic 6610

Defences - Contributory negligence - Motor vehicle accidents - See paragraphs 1-29.

Counsel:

James D. Harper, for the plaintiff;

A.G. Warwick Gilbert, for the defendant.

This case was heard before Hughes, C.C.J., of the New Brunswick Supreme Court, Queen's Bench Division, who delivered the following decision on May 6, 1966.