Dockery v O'Brien

JurisdictionIreland
CourtCircuit Court
Judgment Date01 January 1975
Date01 January 1975
(Cir.Ct.)
Dockery
and
O'Brien

Parking car - Key left in ignition switch - Car used by inebriate -Damage - Remoteness - Novus actus interveniens.

The defendant parked his car at the side of a public road. He did not remove the key from the ignition switch. He went to conduct some business nearby, having left his car unattended and unlocked. A man, who was under the influence of intoxicating liquor, entered the car, started the engine and drove the car a short distance down the street where it collided...

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4 cases
  • O'Neill v Dunnes Stores
    • Ireland
    • Supreme Court
    • 16 November 2010
    ...1140 1970 2 AER 294 BRESLIN v CORCORAN & MOTOR INSURERS BUREAU OF IRELAND 2003 2 IR 203 2003 2 ILRM 189 2003/6/1316 DOCKERY v O'BRIEN 1975 109 ILTR 127 WALSH v SECURICOR (IRL) LTD 1993 2 IR 507 1993/5/1483 SMITH & MALOCO v LITTLEWOODS ORGANISATION LTD 1987 AC 241 1987 2 WLR 480 1987 1 AER......
  • Breslin v Corcoran
    • Ireland
    • Supreme Court
    • 27 March 2003
    ...if he did not. Cahill v. Kenneally (1955-1956) 21-22 Ir. Jur. Rep. 15;Cunningham v. McGrath Bros.[1964] I.R. 209;Dockery v. O'Brien(1975) 109 I.L.T.R. 127;Dorset Yacht Co. Ltd. v. Home Office[1970] A.C. 1004;Smith v. Littlewoods Organisation Ltd.[1987] A.C. 241 andTopp v. London Country Bus......
  • Breslin v Corcoran
    • Ireland
    • High Court
    • 17 July 2001
    ... ... Consequently the second defendant would be held liable. Citations: DOCKERY V O'BRIEN 1975 ILTR 127 DONOHUE V STEPHENSON 1932 AC 562 TOPP V LONDON COUNTRY BUS LTD 1993 3 AER 448 CONOLE V REDBANK OYSTER ... ...
  • Davey v Sligo County Council
    • Ireland
    • Court of Appeal (Ireland)
    • 23 February 2023
    ...241 8 [2003] 2 IR 203 9 [1998] 2 IR 81 10 [2009] IEHC 466 11 [2010] IESC 50 12 [1976] IR 191 13 [1964] IR 209 14 [1935] 1 KB 146 15 (1975) 109 ILTR 127 16 [2003] 2 IR 203 17 One of two factors reference by McMahon and Binchy in their 2013 (4th) edition of Law of Torts as being relevant in ......