Thomas v. Hache, [1967] N.B. Law News No. 9 (QB)

• Judge: Anglin, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: November 19, 1964
• Jurisdiction: New Brunswick
• Citations: [1967] N.B. Law News No. 9 (QB)

Thomas v. Hache, [1967] N.B. Law News No. 9 (QB)

MLB Law News

Oliver H. Thomas (plaintiff) v. Benjamin Hache (defendant)

(946/63/C; Archives RS48/1963/946)

Indexed As: Thomas v. Hache

New Brunswick Supreme Court

Queen's Bench Division

Anglin, J.

December 23, 1966.

Summary:

Property Damage - Assessment - Plaintiff, weight guesser, claimed $822.00 for loss of weighing scales and $2,000.00 loss of earnings where Defendant's truck collided with scales on exhibition grounds. Held Defendant negligent and liable for value of scales. Held scales were second-hand and valued at $100.00. No award for loss of earnings as Plaintiff mitigated his damages fully by operating another concession.

Counsel:

G.A. Percy Smith, for the plaintiff;

D.M. Gillis, Q.C., for the defendant.

This trial was commenced in Newcastle, N.B., in the Northumberland County Circuit Court on November 19, 1964 and completed at Saint John, N.B., on December 4, 1964, before Anglin, J., of the New Brunswick Supreme Court, Queen's Bench Division, who filed the following decision on December 23, 1966.