Brennan v Minister for Finance

• Jurisdiction: Ireland
• Judgment Date: 01 January 1962
• Date: 01 January 1962
• Court: Supreme Court

(S.C.)

Brennan

and

Minister for Finance

Questions for jury - Whether third question appropriate for case - Duty of Counsel - No objection to questions left to jury at trial - Contention that no opportunity for argument on form of questions given by trial Judge - Whether proper ground of appeal.

B.alighted from a bus and was crossing the road when she was struck by a motor-cycle which was going in the same direction as the bus. She sustained injuries and commenced proceedings against M. The trial took place before Murnaghan J. and a jury. At the close of the evidence the trial Judge left two questions to the jury without objection from the plaintiff's Counsel. The jury found negligence on the part of the motor-cyclist and contributory negligence on the part of B. and judgment was accordingly entered for M. B. appealed on the single ground that the third question should have been left tothe jury and was not so left. Held—(1) It was the duty of Counsel for the plaintiff to object to the form of the questions proposed to be...