Smith v. Gosse, (1970) 1 Nfld. & P.E.I.R. 24 (NFCA)

• Judge: Furlong, C.J., Mifflin and Puddester, JJ.A.
• Court: Court of Appeal (Newfoundland)
• Case Date: June 04, 1970
• Jurisdiction: Newfoundland and Labrador
• Citations: (1970), 1 Nfld. & P.E.I.R. 24 (NFCA)

Smith v. Gosse (1970), 1 Nfld. & P.E.I.R. 24 (NFCA)

MLB headnote and full text

Smith v. Gosse

Indexed As: Smith v. Gosse

Newfoundland Supreme Court

Appeal Division

Furlong, C.J., Mifflin and Puddester, JJ.A.

June 4, 1970.

Summary:

Appeal Court allowed the appeal from a judgment of the trial court which divided liability for damages for property damage arising out of a motor vehicle collision. The Appeal Court held the defendant driver of an overtaking motor vehicle 100% at fault where he struck a motor vehicle which was turning left at an intersection. The defendant was found negligent for overtaking or passing at an intersection, for travelling too fast under the circumstances, for failing to keep a proper lookout and for crossing two solid white lines marked on highway.

Torts - Topic 427

Negligence - Motor vehicle, rules of the road - Overtaking, duty of overtaking driver - Collision when a motor vehicle which was turning left was struck by overtaking motor vehicle - Overtaking driver held 100% at fault for overtaking and passing at an intersection contrary to Highway Traffic Act and crossing solid white lines and for failure to keep a proper lookout - (Newfoundland Court of Appeal).

Cases Noticed:

R. v. Anderson, [1946] S.C.R. 129, dist.

Bartlett v. Bayham (1960), 24 D.L.R.(2d) 75, dist.

Low v. Prentice, [1949] O.W.N. 602, folld.

Statutes Noticed:

Highway Traffic Act, S.N. 1962, c. 82, sect. 135(2)(a), sect. 138(1), sect. 138(2).

Counsel:

N.S. Noel, Q.C., for the plaintiff, respondent;

T. O'Reilly, for the defendant, appellant.

The judgment of the Court was delivered by Puddester, J.