Daigle v. Albert

Daigle v. Albert

The plaintiff's injuries were caused by the fault of both parties and, by virtue of The Contributory Negligence Act (New Brunswick), the damages must be apportioned equally between them; the Court refrained from interpreting ss. 38 and 42 of The Motor Vehicle Act (N.B.).

Citation
[1944] SCR 97
Parties
Appellant (plaintiff): Vincent Daigle; Respondent (defendant): Rose Albert
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
8 November 1943
Procedural Posture
Civil Appeal (negligence Motor Vehicle) / On Appeal to the Supreme Court of Canada From the Supreme Court of New Brunswick, Appeal Division
Outcome
Appeal allowed
Legal Topics
Apportionment of Damages, Duty of Care, Statutory Interpretation (motor Vehicle Act Ss.38, 42)
Source Language
English
Motor Vehicles Torts Negligence Contributory Negligence Apportionment of Damages Duty of Care Statutory Interpretation (motor Vehicle Act Ss.38,42)

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Parties

Vincent Daigle

Appellant (plaintiff)

Rose Albert

Respondent (defendant)

Procedural Posture

Civil Appeal (negligence Motor Vehicle) / On Appeal to the Supreme Court of Canada From the Supreme Court of New Brunswick, Appeal Division

Legal Issues

  1. 1 Whether the defendant's failure to sound the horn constituted sole cause of plaintiff's injuries
  2. 2 Whether the plaintiff was contributorily negligent in alighting from a standing vehicle and crossing the road
  3. 3 Whether damages should be apportioned under The Contributory Negligence Act (N.B.)

Ratio Decidendi

The plaintiff's injuries were caused by the fault of both parties and, by virtue of The Contributory Negligence Act (New Brunswick), the damages must be apportioned equally between them; the Court refrained from interpreting ss. 38 and 42 of The Motor Vehicle Act (N.B.).

Court Disposition

Appeal allowed

Orders

  • Judgment entered for plaintiff against defendant in the sum of $2,453.18, being one-half the amount of damages assessed by the trial judge.
  • Appellant to have one-half of the costs of the action and trial and all costs of his appeal to this Court.