Sturge et al. v. Imperial Oil Ltd. et al., (1970) 1 Nfld. & P.E.I.R. 279 (NFSC)

JudgePuddester, J.
CourtSupreme Court of Newfoundland and Labrador (Canada)
Case DateMarch 24, 1970
JurisdictionNewfoundland 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.

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