Usunier v. Williams; Williams v. Usunier and Walker, (1981) 14 Man.R.(2d) 58 (CoCt)

• Court: Provincial Court of Manitoba (Canada)
• Case Date: October 09, 1981
• Jurisdiction: Manitoba
• Citations: (1981), 14 Man.R.(2d) 58 (CoCt)

Usunier v. Williams (1981), 14 Man.R.(2d) 58 (CoCt)

MLB headnote and full text

Usunier v. Williams; Williams v. Usunier and Walker

Indexed As: Usunier v. Williams; Williams v. Usunier and Walker

Manitoba County Court

Ferg, C.C.J.

October 9, 1981.

Summary:

The owner of a tanker-truck brought an action against the driver of a tractor for damages suffered in an accident, when the driver of the tanker-truck rear-ended the tractor. The driver of the tractor counterclaimed for his damages.

The Manitoba County Court dismissed the plaintiff's action, but allowed the counterclaim.

Damages - Topic 1841

Torts affecting goods - Damage to goods - Damages for cost of a substitute - A farmer, who always used two tractors in his spring farming operations, rented another tractor, pending settlement of his claim for damages occurring to one of his tractors in a motor vehicle accident - The Manitoba County Court awarded the farmer the cost of the rental until he purchased another tractor - See paragraph 15.

Torts - Topic 394

Negligence - Motor vehicle - Standard of care of driver - On braking - A tanker-truck struck the rear of a tractor pulling machinery, after reaching the top of a blind hill and there observing the tractor ahead of him for the first time - The Manitoba County Court held the driver of the tanker-truck was negligent, inter alia, in allowing his foot, in his excitement, to slip off the brake and then in pumping the brake instead of applying steady pressure - See paragraph 14.

Torts - Topic 469

Negligence - Motor vehicle - Speed - Where reduced speed required - Blind hills - The driver of a tanker-truck hauling milk observed a slow-moving tractor pulling machinery immediately ahead of him, as he reached the crest of a hill - He became excited and pumped the brake rather than exerting steady pressure, and struck the tractor's load - The Manitoba County Court held that the driver of the tanker-truck was negligent, inter alia, in travelling at too great a speed, particularly when approaching and topping a blind hill - See paragraph 14.

Counsel:

D.A.S. Paterson, for plaintiff and defendants by counterclaim;

A.A. Hirschfield, Q.C., for defendant and plaintiff by counterclaim.

This action was heard before FERG, C.C.J., of the Manitoba County Court. The judgment of FERG, C.C.J., was delivered at Brandon, Manitoba, on October 9, 1981: