Winston v. Nelles

Winston v. Nelles

The appeal was allowed and a new trial ordered because the record and jury findings were ambiguous and the trial was, in the view of the Court's Chief Justice, unsatisfactory; the Court exercised its discretion to set aside the verdict and order retrial rather than enter judgment for the defendant or uphold the verdict on the existing record.

Citation
[1932] SCR 341
Parties
Plaintiff/respondent: Nelles; Defendant/appellant: Winston; Defendant/co Defendant: Wright
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
24 November 1931
Procedural Posture
Negligence (motor Vehicle) / Appeal to Supreme Court of Canada; New Trial Ordered
Outcome
Appeal allowed; new trial ordered.
Legal Topics
Duty of Care, Standard of Care, Emergency Doctrine, Causation, Jury Findings, Damages
Source Language
English
Torts Negligence Motor Vehicles Civil Procedure Duty of Care Standard of Care Emergency Doctrine Causation +2 more

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Parties

Nelles

Plaintiff/respondent

Winston

Defendant/appellant

Wright

Defendant/co Defendant

Procedural Posture

Negligence (motor Vehicle) / Appeal to Supreme Court of Canada; New Trial Ordered

Legal Issues

  1. 1 Whether appellant was negligent in failing to have his car under control to meet an emergency caused by another driver
  2. 2 Whether law imposes on a driver an obligation to be specially prepared in advance for an unforeseen emergency caused by a third party
  3. 3 Whether the jury's findings supported a judgment against the appellant

Ratio Decidendi

The appeal was allowed and a new trial ordered because the record and jury findings were ambiguous and the trial was, in the view of the Court's Chief Justice, unsatisfactory; the Court exercised its discretion to set aside the verdict and order retrial rather than enter judgment for the defendant or uphold the verdict on the existing record.

Court Disposition

Appeal allowed; new trial ordered.

Orders

  • New trial ordered.
  • Costs of the abortive trial and of the appeals to the Appellate Division and to this Court to follow the event of the new trial.