Savoie v. Kenny, (1975) 12 N.B.R.(2d) 91 (CA)

• Judge: Hughes, C.J.N.B., Bugold and Ryan, JJ.A.
• Court: Court of Appeal (New Brunswick)
• Case Date: September 11, 1975
• Jurisdiction: New Brunswick
• Citations: (1975), 12 N.B.R.(2d) 91 (CA)

Savoie v. Kenny (1975), 12 N.B.R.(2d) 91 (CA);

    12 R.N.-B.(2e) 91; 10 A.P.R. 91

MLB headnote and full text

Sommaire et texte intégral

Savoie v. Kenny

Indexed As: Savoie v. Kenny

Répertorié: Savoie v. Kenny

New Brunswick Court of Appeal

Hughes, C.J.N.B., Bugold and Ryan, JJ.A.

October 7, 1975.

Summary:

Résumé:

This headnote contains no summary.

Practice - Topic 8800

Appeals - Duty of an appellate court regarding findings of fact by a trial judge - A trial judge after a trial of a motor vehicle action dismissed the plaintiff's action and held that the plaintiff was negligent for driving too fast in the circumstances - The New Brunswick Court of Appeal dismissed an appeal by the plaintiff - The Court of Appeal stated that in such circumstances the finding of the trial judge cannot be disturbed unless the appellate court is satisfied that the trial court decision was clearly wrong.

Cases Noticed:

Davidson v. Porelle (1969), 1 N.B.R.(2d) 182, folld. [para. 6].

Counsel:

John D. Hazen, for the plaintiff/appellant;

Thomas Riordon, for the defendant/respondent.

This appeal was heard by the New Brunswick Court of Appeal on September 11, 1975. Judgment was delivered by the New Brunswick Court of Appeal on October 7, 1975.

The judgment of the New Brunswick Court of Appeal was delivered by HUGHES, C.J.N.B.