Swyrd v. Tulloch

Swyrd v. Tulloch

Concurrent factual findings that respondent did not keep an adequate lookout and that appellant was driving at an excessive speed were supported by evidence; entering the intersection first does not automatically confer the right-of-way if the entrant failed to exercise the statutory and common-law duty to enter only when it is safe; accordingly appeals dismissed and trial/apellate division findings affirmed.

Citation
[1954] SCR 199
Parties
Plaintiff/defendant Appellant: Orest Swyrd; Defendant Respondent: Joseph Tulloch; Plaintiff Respondent: Alvin Tulloch; Plaintiff Respondent: Florence Thoen
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
12 April 1954
Procedural Posture
Civil Appeal (motor Vehicle Collision) / On Appeal to the Supreme Court of Canada From the Supreme Court of Alberta, Appellate Division
Outcome
Appeals dismissed with costs.
Legal Topics
Right of Way, Negligence, Excessive Speed, Lookout, Intersection Collisions, Section 53(1) Vehicle and Highway Traffic Act
Source Language
English
Motor Vehicles Torts Traffic Law Statutory Interpretation Right of Way Negligence Excessive Speed Lookout +2 more

Case Brief

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Parties

Orest Swyrd

Plaintiff/defendant Appellant

Joseph Tulloch

Defendant Respondent

Alvin Tulloch

Plaintiff Respondent

Florence Thoen

Plaintiff Respondent

Procedural Posture

Civil Appeal (motor Vehicle Collision) / On Appeal to the Supreme Court of Canada From the Supreme Court of Alberta, Appellate Division

Legal Issues

  1. 1 Whether either or both drivers were negligent and how fault should be apportioned
  2. 2 Whether entering an intersection first confers an absolute right of way under s.53(1)
  3. 3 Whether s.53(1) imposes a duty to ascertain safety before entering a through street

Ratio Decidendi

Concurrent factual findings that respondent did not keep an adequate lookout and that appellant was driving at an excessive speed were supported by evidence; entering the intersection first does not automatically confer the right-of-way if the entrant failed to exercise the statutory and common-law duty to enter only when it is safe; accordingly appeals dismissed and trial/apellate division findings affirmed.

Court Disposition

Appeals dismissed with costs.

Orders

  • Appeals dismissed with costs
  • Judgment of the Supreme Court of Alberta, Appellate Division affirmed