Supreme Court of Canada
Ross v. Reopel, [1938] S.C.R. 171
Date: 1937-02-17
H. R. Ross (Defendant) Appellant;
and
Theodore Reopel and Lyla Reopel (Plaintiffs) Respondents.
1937: February 16, 17.
Present: Duff C.J. and Rinfret, Crocket, Kerwin and Hudson JJ.
ON APPEAL FROM THE COURT OF APPEAL FOR BRITISH COLUMBIA
Motor vehicles—Running down of boy crossing street—Excessive speed— Negligence of boy—Which was ultimate negligence—Findings at trial reversed by appellate court and reinstated by Supreme Court of Canada.
APPEAL by the defendant from the judgment of the Court of Appeal for British Columbia, reversing the judgment of the trial judge, D. A. McDonald J., and maintaining the respondents’ action for damages caused by an automobile accident.
The infant plaintiff, a boy ten years old, alighted from the right door of a motor car and going behind the car proceeded to cross the street, an arterial highway, and while doing so was struck by a motor car driven by defendant. The trial judge dismissed the action, finding that defendant was not travelling at an excessive speed and that the real cause of the accident was the boy’s own negligence in placing the defendant in a position from
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