Supreme Court of Canada
Albion Motor Express Co. v. City of New Westminster, (1918) 59 S.C.R. 655
Date: 1918-10-12
Albion Motor Express Co. v. City Of New Westminster.
1918: October 10; 1918: October 12.
Present: Sir Charles Fitzpatrick C.J. and Davies, Idington, Anglin and Brodeur JJ.
ON APPEAL FROM THE COURT OF APPEAL FOR BRITISH COLUMBIA.
Negligence—Highway—Repairs—Oiling.
APPEAL from the judgment of the Court of Appeal for British Columbia, affirming the judgment of the trial judge, Murphy J., and dismissing the appellant's (plaintiff's) action.
The appellant's motor truck, heavily laden with goods, skidded on a steep street in the city respondent and was overturned and damage sustained, owing to the roadway having been oiled but not sanded.
The trial judge held that the driver of the truck might, had he exercised ordinary care and driven in a certain way, have avoided the danger; and this judgment was affirmed by the Court of Appeal.
On appeal to the Supreme Court of Canada, the judgment of the Court of Appeal was affirmed.
Appeal dismissed with costs.
Parmenter for the appellant.
G. E. Martin for the respondent.
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