Trenholm v. Beaudet Express, [1967] N.B. Law News No. 96 (CoCt)
MLB Law News
Norman Trenholm (plaintiff) v. Beaudet Express Co., a body corporate, Odilon Chenard and Ralph Henry Hickey (defendants)
Indexed As: Trenholm v. Beaudet Express Co.
New Brunswick County Court
Westmorland County
Hughes, C.C.J.
June 10, 1966.
Summary:
Rules of Court O. 16, R. 4, 5. and 7: – Court overruled Defendant’s objection at opening of trial to the joinder of two Dfefendants where plaintiff claimed damages for negligence against both defendants for two collisions occurring one after the other. Court referred to Order 16, Rules 4, 5, and 7 of the Rules of Court and stated that 1896 amendment to the Rules of Court clearly authorized a plaintiff in certain cases to join two distinct causes of action in tort against two defendants. Court referred to Saddler v. Great West Railway (1896), A.C. at page 450, and Oesterreichische Export Ag. v. British Indemnity Insurance Co. (1914), 2 K.B. at page 747, and Thomas v. Moore (1918), 1 K.B. at page 555.
Counsel:
None disclosed.
This case was heard before Hughes, C.C.J., of the New Brunswick County Court, Westmorland County, who delivered the following decision on June 10, 1966.
