Bird v. Battagin

Without determining the question raised as to the form of the judgment, I would, in view of the time that has elapsed since the date of that judgment substitute one for payment by the respondent to the appellant of the sum $7,237.50 with interest and costs.

APPEAL by the defendant from the judgment of the Appellate Division of the Supreme Court of Alberta (1), affirming the judgment of the trial judge, Ewing J. (2), and maintaining the appellant's action.

The cause of action arose out of a motor accident. The plaintiffs are father and son, the former suing on his own behalf and as next friend of the son, a boy of 19 at the time of the accident. The accident consisted of a collision between a motor car driven by the defendant and a motorcycle ridden by the infant plaintiff in the mining settlement of Cadomin.

The injuries suffered by the plaintiff were serious, resulting in the loss of his right leg. The trial judge found that the defendant was negligent and that the plaintiffs were not guilty of contributory negligence and awarded damages of $1,673.90 to the father and $13,950 to the son.

The appellate court, Harvey C.J.A. dissenting, held that the evidence warranted the trial judge's findings and dismissed the appellant's appeal. Harvey C.J.A. dissented on the ground that section 47 (1) stances of the case.