Cullen v Clein

• Jurisdiction: Ireland
• Judgment Date: 19 October 1970
• Date: 19 October 1970
• Docket Number: [1967. No. 2887 P.]
• Court: Supreme Court

(S.C.)

Cullen

and

Clein

Inference from established facts - Trial judge drawing one inference and appeal court drawing another - Practice - Procedure - Plaintiff alleged to be a wrongdoer -Counterclaim of defendant for contribution by one plaintiff towards damages recoverable by another plaintiff - Civil Liability Act, 1961 (No. 41 of1961), s. 27, sub-s 1.

The plaintiffs were husband and wife. On the 14th July, 1967, the defendant's motor car was being driven on the highway immediately ahead of the first plaintiff's car in which the second plaintiff was travelling as a passenger. The defendant lost control of his car which skidded to its right and, having collided with an approaching vehicle, it rebounded and came to rest...