Sturge et al. v. Imperial Oil Ltd. et al., (1970) 1 Nfld. & P.E.I.R. 279 (NFSC)
Judge | Puddester, J. |
Court | Supreme Court of Newfoundland and Labrador (Canada) |
Case Date | March 24, 1970 |
Jurisdiction | Newfoundland and Labrador |
Citations | (1970), 1 Nfld. & P.E.I.R. 279 (NFSC) |
Sturge v. Imperial Oil (1970), 1 Nfld. & P.E.I.R. 279 (NFSC)
MLB headnote and full text
Sturge et al. v. Imperial Oil Limited et al.
Indexed As: Sturge et al. v. Imperial Oil Ltd. et al.
Newfoundland Supreme Court
At Trial
Puddester, J.
March 24, 1970.
Summary:
Action for damages for nuisance resulting from leak in underground gasoline tank.
Damage Awards - Topic 534
Torts - Injury to land and buildings - Loss of residence - Interference with use of property - Loss of enjoyment of residence due to gas and fumes and flow of gas from defective underground gas tank - Nuisance likely to persist for a number of years and ultimately disappear - $1,500 general damages for loss of enjoyment - (Newfoundland Supreme Court).
Torts - Topic 2099
Strict liability - Dangerous things or Activities - Escape of gasoline or oil - Nuisance - The Newfoundland Supreme Court held the Service station owner responsible for loss of enjoyment of dwellings by adjacent residents resulting from leak in underground gasoline tank.
Cases Noticed:
Bennett v. Imperial Oil (1961), 28 D.L.R.(2d) 55, refd to.
Counsel:
F. O'Dea, for the plaintiffs;
J. Gushue, for the defendants.
To continue reading
Request your trial