Elliott v. Johnson
Court headnote
Elliott v. Johnson Collection Supreme Court Judgments Date 1928-04-25 Report [1928] SCR 408 Judges Duff, Lyman Poore; Mignault, Pierre-Basile; Newcombe, Edmund Leslie; Lamont, John Henderson; Smith, Robert On appeal from British Columbia Subjects Motor vehicles Decision Content 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[1], 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- 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 …
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Elliott v. Johnson Collection Supreme Court Judgments Date 1928-04-25 Report [1928] SCR 408 Judges Duff, Lyman Poore; Mignault, Pierre-Basile; Newcombe, Edmund Leslie; Lamont, John Henderson; Smith, Robert On appeal from British Columbia Subjects Motor vehicles Decision Content 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[1], 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- 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. [1] [1928] 1 W. W. .R. 390.
Source: decisions.scc-csc.ca