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.


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.


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.


Trenholm v. Beaudet Express Co.

[1967] N.B. Law News No. 96 (CoCt)

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3 minutes

Hughes, C.C.J.
: At the opening of the trial of this action Mr. Creaghan of counsel for the defendants Beaudet Express Company and Odilon Chenard took objection to the maintaining of this action against his clients on the ground that there was an improper joinder of two distinct alleged causes of action for tort. The statement of claim alleges one claim in damages for negligence against the defendant Ralph Henry Hickey arising out of a collision by Hickey’s vehicle with the vehicle of the plaintiff which was parked at the side of the highway.

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