Doyle v H. F. Murray Ltd
Jurisdiction | Ireland |
Judgment Date | 20 July 1967 |
Date | 20 July 1967 |
Court | Supreme Court |
Intersection controlled by traffic lights - Lights in favour of motorist - Duty of motorist - Apportionment of fault - Judge's charge to jury - Road Traffic General Bye-Laws, 1964, reg. 13.
The plaintiff was injured when travelling as a pillion passenger on his motor cycle which was being driven by his brother when it collided with the defendants' motor car at the intersection of cross-roads. The two vehicles approached the intersection from the northern and eastern branches of the cross respectively. The intersection was controlled by defective traffic lights. There was evidence to support the view that each driver had been authorised, by the faulty operation of the traffic lights, to continue his approach on to the intersection and there was also conflicting evidence bearing upon the responsibility of each driver for the collision. In his charge to the jury the trial Judge having stated that it was their function to resolve matters of fact, expressed his own views on the facts: and he also directed the jury as a matter of law that a motorist who approaches a controlled intersection is not justified in continuing heedlessly in reliance upon traffic lights which are in his favour, but that he must still exercise reasonable care. The jury found that each driver had been equally negligent. Held by the Supreme Court ( Ó Dálaigh C.J., Walsh and Budd JJ.), 1, that there was evidence to support the jury's verdicts on the issues of negligence and apportionment of fault and that, in those circumstances, the...
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