White v. Nfld. Hydro, (1998) 160 Nfld. & P.E.I.R. 329 (NFTD)

Judge:Easton, J.
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)
 
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White v. Nfld. Hydro (1998), 160 Nfld. & P.E.I.R. 329 (NFTD);

    494 A.P.R. 329

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Temp. Cite: [1998] 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

Trial Division

Easton, J.

January 23, 1998.

Summary:

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 ].

Cases Noticed:

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, [1929] 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].

Counsel:

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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