Supreme Court of Canada
Elliott v. Johnson, [1928] S.C.R.
408
Date: 1928-04-25
Elliott v
Johnson
1928: April 25.
Present: Duff, Mignault,
Newcombe, Lamont and Smith JJ.
ON APPEAL FROM THE COURT OF
APPEAL FOR BRITISH COLUMBIA
Automobile—Negligence—Motor
car hitting pedestrian while running for street car—Duty of motor driver at
crossing—Contributory Negligence Act.
APPEAL from the decision of
the Court of Appeal for British Columbia, reversing the judgment of Hunter C.J. and
maintaining the respondent's action for damages for personal injuries.
The plaintiff respondent while
running across a street to board a street car which was about to stop at an
intersection was struck by the appellant's automobile which had come up behind
him and had made the turn into the inter-
[Page 409]
secting street. The appellant saw
the respondent running and admitted that he knew his objective. Just before
being struck, the respondent, on hearing the horn, had turned around. There was
no jury and the trial judge dismissed the action.
The Court of Appeal held that the
accident was due solely to the negligence of the defendant.
After hearing counsel on behalf
of the appellant and the respondent, the Court delivered an oral judgment
dismissing the appeal with costs.
Appeal dismissed with
costs.
H. R. Bray for the
appellant.
E. Lafleur K.C. for the
respondent.
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