verdict, to take into consideration not only the evidence given for the plaintiff but also the evidence given for the defendant.
On the whole-and, I must say, having the advantage OES. of the decision of the Court of Appeal, which was unani- mous-we cannot see that we can disturb the judgment Rinfret J. of the Court of Appeal and the appeal should be dismissed with costs.
Solicitors for the appellants:
Thom, Bastedo, Ward & McDougall.
Solicitors for the respondent: Hall & Maguire.
ROBERT C. DAWES CRESCENT
IAPPELLANTS; CREAMERY CO. LTD. (PLAINTIFFS). f
*May21,22. * Oct. AND
ARTHUR N. GAYE (DEFENDANT)
.......
.RESPONDENT. ON APPEAL FROM THE COURT OF APPEAL FOR MANITOBA Motor vehicles-Negligence-Collision at street intersection-Responsibility for the accident-Duties of drivers-Nature of roads and intersection-Advantages of trial judge on questions of fact-Visit by trial judge to site of accident-Duties as to yielding right of way, stopping before turning, and (s. (1) of Highway Traffic Act, Man.) as to driving "wherever practicable" on right half of highway.
In an action for damages arising out of a collision at a street intersection between plaintiff company's truck, proceeding westerly, and defendant's automobile, which had been proceeding northerly and was turning right to go easterly, the trial judge (Adamson J.) gave judgment for the plaintiffs (49 Man. R. 288, at 289-290), which was reversed (by a majority) in the Court of Appeal for Manitoba (49 Man. R. 288).
The Supreme Court of Canada now restored the judgment of the trial judge, holding that his findings should be accepted because, the questions involved being almost entirely questions of fact, he manifestly had advantages over an appellate tribunal and had the additional advantage of having visited the site of the accident, the visit having been considered by counsel and the judge to be necessary in order to appreciate the evidence. This Court agreed with the trial judge that defendant was negligent in not stopping and giving the truck driver the right of way. As to conduct of the truck driver, this Court held that, even assuming (contrary to * PRESENT:-Rinfret,
Kerwin, Hudson, Taschereau and Gillanders (ad hoc) JJ.
Statutes and regulations cited
-
Unresolved citations
- s. (1) of Highway Traffic Act (1)