Phillips v. Roy et al., [1977] 2 SCR 521

Supreme Court of Canada

Phillips v. Roy et al., [1977] 2 S.C.R. 521

Date: 1977-06-02

Elizabeth Mary Phillips and Evangeline Phillips Appellants;

and

Leo Roy and Lionel Fontaine Respondents.

1977: June 2.

Present: Martland, Ritchie, Spence, Dickson and Beetz JJ.

ON APPEAL FROM THE SUPREME COURT OF NEW BRUNSWICK, APPEAL DIVISION

Motor vehicles—Failure to establish negligence—Concurrent findings by Courts below—No reason to reverse.

APPEAL from a judgment of the Supreme Court of New Brunswick, Appeal division[1], affirming a judgment of Stevenson J.2 dismissing appellants’ claim for damages. Appeal dismissed with costs.

Raymond Dubé, for the appellants.

J. Turney Jones, Q.C., for the respondents.

The judgment of the Court was delivered orally by

MARTLAND J.—We see no reason to reverse the concurrent findings of the Courts below that the appellants failed to establish negligence on the part of the respondent Roy. The appeal is dismissed with costs.

Appeal dismissed with costs.

Solicitors for the appellants: Raymond, Dubé, Dalhousie.

Solicitors for the respondents: Gilbert, McGloan, Gillis & Jones, Saint John.