The appellant appealed a trial judgment regarding liability and damages for a bridge collapse.
The appellant argued the trial judge erred in findings of negligence under the Highway Traffic Act, failing to apportion negligence under the Negligence Act, misusing similar fact evidence, and improperly depreciating the cost of new materials used for repairs.
The Court of Appeal dismissed the appeal, finding no palpable and overriding error in the trial judge's findings on negligence, noting contributory negligence was not pleaded or argued at trial, and upholding the depreciation figure as appropriate.
