Calmenson (Pauper) v Merchants' Warehousing Company

• Jurisdiction: Ireland
• Judgment Date: 01 January 1921
• Date: 01 January 1921
• Court: House of Lords (Ireland)

H. of L.,

Calmenson (Pauper)

Appellant

and Merchants' Warehousing Company

Respondents

Damages at trial - Verdict and judgment set aside - Or. XL., r. 9 - Exercise of powers under - Evidence before coroner -Use at trial.

The appellant as widow and administratrix had recovered damages in an action tried before a judge and a special jury on the ground of the negligence of the respondents by their servants in the driving and management of a motor lorry, whereby the appellant's husband, who was cycling, was killed in crossing a street. At the trial the proceedings before the coroner were by consent admitted as evidence. In answer to questions the jury found that the respondents' driver was negligent in some respects, and the deceased was also negligent in not keeping a proper lookout, also that the respondents' driver could by the exercise of ordinary care and caution have avoided the consequences of the deceased's negligence. The judgment at the trial having been reversed, on appeal from the Court of Appeal (O'Connor, L.J., diss.), it was held (Lord Sumner dissenting) that the judgment of the...