Bird v. Battagin

Bird v. Battagin

The appeal is dismissed because the courts below made concurrent findings of fact supported by the evidence and there was no basis to upset them, and because s.47(1) of The Vehicles and Highways Act did not apply to the circumstances; therefore liability and the damages awarded are affirmed.

Citation
[1938] SCR 70
Parties
Plaintiffs: Bird (plaintiffs — father and son); Defendant: Battagin
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
6 October 1937
Procedural Posture
Civil Appeal (tort Motor Vehicle Collision) / On Appeal to the Supreme Court of Canada From the Appellate Division of the Supreme Court of Alberta
Outcome
Appeal dismissed with costs; judgment of trial judge affirmed.
Legal Topics
Negligence, Contributory Negligence, Measure of Damages, Concurrent Findings of Fact, Application of Vehicles and Highways Act S.47(1)
Source Language
English
Motor Vehicles Tort Law Statutory Interpretation Negligence Contributory Negligence Measure of Damages Concurrent Findings of Fact Application of Vehicles and Highways Act S.47(1)

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Parties

Bird (plaintiffs — father and son)

Plaintiffs

Battagin

Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether defendant was negligent in causing collision
  2. 2 Whether plaintiffs were guilty of contributory negligence
  3. 3 Whether concurrent findings of fact by trial and appellate courts should be disturbed

Ratio Decidendi

The appeal is dismissed because the courts below made concurrent findings of fact supported by the evidence and there was no basis to upset them, and because s.47(1) of The Vehicles and Highways Act did not apply to the circumstances; therefore liability and the damages awarded are affirmed.

Court Disposition

Appeal dismissed with costs; judgment of trial judge affirmed.

Orders

  • Appeal dismissed with costs.
  • Judgment of trial judge awarding $1,673.90 to the father and $13,950 to the son affirmed.