Welock v. Cone, [1968] N.B. Law News No. 66 (CA)

• Judge: Bridges, C.J.N.B., Ritchie and Limerick, JJ.A.
• Court: Court of Appeal (New Brunswick)
• Case Date: May 08, 1968
• Jurisdiction: New Brunswick
• Citations: [1968] N.B. Law News No. 66 (CA)

Welock v. Cone, [1968] N.B. Law News No. 66 (CA)

MLB Law News

Welock v. Cone

Indexed As: Welock v. Cone

New Brunswick Supreme Court

Appeal Division

Bridges, C.J.N.B., Ritchie and Limerick, JJ.A.

May 8, 1968.

Summary:

Negligence - Standard of Care - Appeal allowed from finding of trial court that Df. Respondent was not negligent and responsible for fire loss where Df. mistakenly used gasoline instead of stove oil to start a fire in a sporting lodge. Appeal Court found F. Respondent to be negligent and stated:

"He was clearly negligent in starting a fire with an unknown fluid he suspected might be gasoline without more thorough investigation or direct inquiry and on leaving the uncapped container on the floor near the fire and his negligence was the sole cause of the damage to the Plaintiff's property."

Appeal Court accepted trial judge's provisional assessment of damages except with respect to loss of profits which the Appeal Court reduced from $10,000. to $1,200 (Bridges, C.J.N.B. would have allowed Pl. the $10,000. awarded by the trial judge). Court stated that insistence by Pl. on using "peeled black spruce" to repair premises was unreasonable and that "the advantages to the Pl. in replacing with peeled black spruce are not in proportion to the excessive loss of profit involved and consequent damages to be paid by the Defendant."

Court referred to Lodge Holes Colliery Company, Limited v. Mayor & C., 1908, A.C. 323 at 326.

See Summary of Trial Court Judgment in N.B. Law News, August 1, 1967, #67-85.

Counsel:

G. Fred Nicholson and D.M. Gillis, Q.C., for the appellant;

Mark M. Yeoman, for the respondent.

This appeal was heard before Bridges, C.J.N.B., Ritchie and Limerick, JJ.A., of the New Brunswick Supreme Court, Appeal Division, who delivered the following decision on May 8, 1968.