Zed v. MacKinnon, (1969) 1 N.B.R.(2d) 151 (CA)

• Judge: Bridges, C.J.N.B., Ritchie and Hughes, JJ.A.
• Court: Court of Appeal (New Brunswick)
• Case Date: October 22, 1968
• Jurisdiction: New Brunswick
• Citations: (1969), 1 N.B.R.(2d) 151 (CA)

Zed v. MacKinnon (1969), 1 N.B.R.(2d) 151 (CA);

    1 R.N.-B.(2e) 151

MLB headnote and full text

Sommaire et texte intégral

Zed v. MacKinnon

Indexed As: Zed v. MacKinnon

Répertorié: Zed v. MacKinnon

New Brunswick Court of Appeal

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

February 20, 1969.

Summary:

Résumé:

The New Brunswick Court of Appeal affirmed trial judge's finding that the defendant/ appellant, as a renter of horses to inexperienced riders, is under a duty to see that the horse's girth strap is checked after commencement of a ride.

The New Brunswick Court of Appeal held that defendant/appellant failed to check the girth strap and that such failure caused the accident resulting in personal injuries to the plaintiff/respondent.

Appeal from a judgment of Barry, J., dated October 22, 1968 in favour of the plaintiff/respondent for damages for personal injuries arising out of a horseback riding accident.

Torts - Topic 255

Negligence - Animals - Duty of lessor or supplier of animals - Duty of operator of riding stables where riding horse rented to inexperienced riders (New Brunswick Court of Appeal).

Counsel:

Lyman F.D. Purnell, Q.C., for the defendant/appellant;

J. Turney Jones, for the plaintiff/respondent.

The judgment of the Court was delivered by Bridges, C.J.N.B.