Cody v Player Wills Ltd

• Jurisdiction: Ireland
• Judgment Date: 01 January 1980
• Date: 01 January 1980
• Court: Circuit Court

(Cir. Ct.)

Cody

and

Player & Wills Ltd

Straying on to highway-Rule in Searle v. Walbank - Contributory negligence on part of owner - Civil Liability Act,1961 (No. 41). s. 34.

The plaintiff allowed his animals to stray onto the highway. The defendant's car collided with and killed one of them. The plaintiff claimed damages for negligence. The defendant denied this and pleaded contributory negligence on the part of the plaintiff. Held:- The defendant was guilty of negligence in failing to avoid the animal on the road. The plaintiff was guilty of contributory negligence in allowing his animals to stray...