Connolly v South of Ireland Asphalt Company

• Jurisdiction: Ireland
• Judgment Date: 21 January 1977
• Date: 21 January 1977
• Docket Number: 1973 No. 1728 P.
• Court: Supreme Court

(S.C.)

Connolly

and

South of Ireland Asphalt Co

Foresight -Adjoining public road damaged by occupier's lorries - Fall of motor cyclist from machine -Death of cyclist due to negligence of defendant motorist - Liability of occupier to contribute to damages payable by defendant - Civil Liability Act, 1961 (No. 41), s. 21.

The entrance gates on the lands of the third party gave access to a public road and were set back from the road so that part of such lands extended beyond the gates and up to the margin of the metalled road surface. The third party's heavy lorries travelled to and from the public road through the gates. This user resulted in the creation of seven unconnected pot-holes in a line along the margin of the road nearest the gates; part of each pot-hole extended into the public road. From time to time the potholes filled with water which was splashed on to the undamaged surface of the road by the wheels of vehicles passing along the road on that side. In the evening of the 21st January, 1973, there was a heavy fall of rain followed by a sharp drop in temperature and patches of ice formed in the immediate vicinity of the pot-holes. On that evening a motor-cyclist, when travelling on the public road, lost his balance and fell off his machine opposite the entrance to the lands of the third party. While he was picking his machine up, the motor cyclist was struck and killed by the defendant's motor car which was travelling in the same direction. The widow of the deceased sued the defendant for damages for negligence and she was awarded damages under a settlement of the action. The defendant claimed from the third party a contribution towards the damages payable by the...