Hyperlawhypertext legal database Haase v. Pedro [1971] SCR 669

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Haase v. Pedro

[1971] SCR 669 Court SCC Decision date 1971-02-01 English

PartiesNorbert Helmut Haase (Plaintiff) Appellant·Armando Pedro (Defendant) Respondent

Counsel (4)
J. Sopinka, for the plaintiff, appellant.
H.J. Grey, Q.C., for the defendant, respondent.
Solicitor for the plaintiff, appellant: Robert D. Ross, Vancouver.
Solicitors for the defendant, respondent: Harper, Gilmour, Grey & Co., Vancouver.

Judges Martland, Ronald; Judson, Wilfred; Ritchie, Roland Almon; Hall, Emmett Matthew; Laskin, Bora

Delivered by Judgment of the Court — MARTLAND J.

On appeal from British Columbia

Subjects Motor vehicles

Contents

Judgment of the Court — MARTLAND J.

The judgment of the Court was delivered by

MARTLAND J.—This action was brought by the appellant against the respondent, claiming damages for personal injuries suffered as a result of a collision which occurred on July 15, 1967, when the motor vehicles operated by the appellant and the respondent collided on a highway in British Columbia between Terrace and Kitimat. The case was tried before a jury, which found the appellant to be 75 per cent responsible and the respondent 25 per cent responsible for the collision. Total damages were assessed at $154,249.30. On appeal, the Court of Appeal, by a majority, held that, keeping in mind the principles applicable on an appeal from a jury verdict, as stated by Duff C.J., in McCannell v. McLean[1], the finding of the jury of contributory negligence on the part of the respondent was not reasonably warranted by the evidence and could not stand. From this judgment the appellant has appealed to this Court.
[Page 670]
I am in agreement with the reasons given by Tysoe J.A. and by Robertson J.A., who formed the majority in the Court of Appeal. Accordingly, I would dismiss the appeal with costs.
Appeal dismissed with costs.
Solicitor for the plaintiff, appellant: Robert D. Ross, Vancouver.
Solicitors for the defendant, respondent: Harper, Gilmour, Grey & Co., Vancouver.

Footnotes

  1. [1] [1937] S.C.R. 341 at 343.