White v. Nfld. Hydro, (1998) 160 Nfld. & P.E.I.R. 329 (NFTD)
|Court:||Supreme Court of Newfoundland and Labrador, Trial Division|
|Case Date:||December 10, 1997|
|Jurisdiction:||Newfoundland and Labrador|
|Citations:||(1998), 160 Nfld. & P.E.I.R. 329 (NFTD)|
White v. Nfld. Hydro (1998), 160 Nfld. & P.E.I.R. 329 (NFTD);
494 A.P.R. 329
MLB headnote and full text
Temp. Cite:  Nfld. & P.E.I.R. TBEd. MR.003
Brenda White (plaintiff) v. Newfoundland and Labrador Hydro (first defendant) and Lorenzo Bursey (second defendant)
(1995 No. G-222)
Indexed As: White v. Newfoundland and Labrador Hydro et al.
Newfoundland Supreme Court
January 23, 1998.
A plaintiff sued for damages resulting from a collision between the horse she was riding and a truck. At issue was liability.
The Newfoundland Supreme Court, Trial Division, concluded that the driver of the truck was solely responsible for the accident.
Torts - Topic 43
Negligence - Standard of care - Motor vehicle operators - A driver of a one ton truck became aware of horses and riders from a distance of at least 447 feet - The driver let the truck coast - One of the riders lost control of her horse due to the noise of the approaching truck - The driver braked - The truck skidded for 30 feet - The truck and the horse collided - The rider and the horse were thrown a number of feet - The Newfoundland Supreme Court, Trial Division, held that the driver of the truck did not have the truck sufficiently under control and the lack of control and inaction caused the accident - The driver should have immediately applied his brakes and brought his vehicle under complete control once he spotted the riders - If not immediately, then he should have done so once he knew the horse was out of control.
Torts - Topic 49.15
Negligence - Standard of care - Horseback riders - [See Torts - Topic 43 ].
Pelletier v. Richard (1971), 5 N.B.R.(2d) 215 (Q.B.), refd to. [para. 38].
Hodder and Hodder Estate v. Brinson (1977), 22 Nfld. & P.E.I.R. 434; 58 A.P.R. 434 (Nfld. T.D.), refd to. [para. 40].
Favel v. Large (1989), 97 A.R. 57; 67 Alta. L.R.(2d) 155 (C.A.), refd to. [para. 43].
Matheson v. Coughlin et al. (1989), 78 Nfld. & P.E.I.R. 91; 244 A.P.R. 91 (P.E.I.T.D.), refd to. [para. 43].
Eales v. James (1977), 17 Nfld. & P.E.I.R. 242; 46 A.P.R. 242 (Nfld. Dist. Ct.), refd to. [para. 45].
Yellow Cabs Ltd. v. Blight,  S.A.S.R. 118 (F.C.), refd to. [para. 46].
Birsneck et al. v. Hollingsworth et al. (1941), 4 D.L.R. 178 (Man. C.A.), refd to. [para. 51].
Authors and Works Noticed:
Mazengarb, Negligence on the Highway (4th Ed. 1962), p. 288 [para. 46].
Kevin T.A. Preston, for the plaintiff;
William H. Goodridge, for the defendants.
This action was heard on December 10, 1997, before Easton, J., of the Newfoundland Supreme Court, Trial Division, who delivered the following judgment on January 23, 1998.
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