![]() The Nova Scotia Court of Appeal dismissed the appeal and affirmed the judgment of the Trial Division.Īppeals - Duty of Appeal Court in drawing inferences from truthful evidence - The Nova Scotia Court of Appeal held that an appeal court is in as good a position as the trial court to draw inferences from truthful evidence, but that the appeal court should interfere only where there is clear error in the perception and evaluation of the evidence by the trial court - See paragraphs 1 to 12. The Nova Scotia Supreme Court, Trial Division, dismissed the plaintiff's action. The defendant's estate brought an action in negligence against the defendant for damages. The defendant had time to do nothing but apply his brakes and attempt to avoid the man, but could not. The deceased truck driver left his parked truck and ran across the highway into the path of the defendant's vehicle and stopped in the defendant's lane to pick something up. ![]() This case arose out of the claim in negligence by a deceased's estate against the defendant for damages arising from the deceased's death in a motor vehicle accident. MacKeigan, C.J.N.S., Coffin and Cooper, JJ.A.
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