Smith v. General Motors of Canada Ltd. et al, [1966] N.B. Law News No. 60 (CA)

• Judge: Ritchie, West and Limerick, JJ.A.
• Court: Court of Appeal (New Brunswick)
• Case Date: July 12, 1966
• Jurisdiction: New Brunswick
• Citations: [1966] N.B. Law News No. 60 (CA)

Smith v. General Motors, [1966] N.B. Law News No. 60 (CA)

MLB Law News

Donald G. Smith (plaintiff/appellant) v. General Motors of Canada Limited (a body corporate) and Lounsbury Company Limited (a body corporate) (defendants/respondents)

(Archives RS43/1966)

Indexed As: Smith v. General Motors of Canada Ltd. et al

New Brunswick Supreme Court

Appeal Division

Ritchie, West and Limerick, JJ.A.

July 12, 1966.

Summary:

Evidence - Appeal dismissed from a judgment dismissing Appellant's claim for damages for loss by fire of his automobile while driving it on the Maine Turnpike on July 6, 1961. Held rule of evidence affecting onus, Res Ipsa Loquitur, does not apply in this case because the circumstances did not point to negligence on the part of Defendant. Rule restated.

Torts - Topic 165

Negligence - Evidence, presumption of negligence (incl. res ipsa loquitur) - Res ipsa loquitur - General - See paragraphs 1 to 9.

Counsel:

W.G. Stewart, Q.C., for the appellant (plaintiff);

D.M. Gillis, Q.C., for Lounsbury Company Ltd.;

Paul Creaghan, for General Motors Ltd., respondent.

This appeal was heard before Ritchie, West and Limerick, JJ.A., of the New Brunswick Supreme Court, Appeal Division. The following decision was delivered for the Court by West, J.A., on July 12, 1966.