Nov 26, 2014

Amos v New Brunswick Electric Power Commission

Amos v. New Brunswick Electric Power Commission, [1977] 1 SCR 500

Amos v NB Elec Power Comm (1976 SCC)

Facts: similar to Moule but P was climbing Poplar tree which hid the wires (and the wires were also suspended at a lower height) – no ladder and in a residential area.

Issue: was this injury RF so as to impose DOC on D?

Held: Yes – RF that children would climb trees, not as extraordinary circumstances as in Moule

Analysis:

-Distinguished from Moule

Court held that the accident in this case was one which could be foreseen and was almost inevitable given active boys and that the poplar tree hid the wires.