Judge v Reape
| Jurisdiction | Ireland |
| Court | Supreme Court |
| Judgment Date | 30 July 1968 |
| Date | 30 July 1968 |
| Docket Number | [1964. No. 1517 P.] |
Driver of car intoxicated - Driver sued by passenger - Whether plaintiff negligent in being a passenger in the car - Civil Liability Act, 1961, s. 34 (2) (c).
The plaintiff, who had consumed a considerable amount of intoxicating liquor, voluntarily accepted a seat as passenger in the defendant's motor car at a time when the plaintiff knew that the defendant was going to drive is car and when the plaintiff knew, or ought to ave known, that the defendant was drunk. After the defendant had driven his car a short distance, the car collided with another vehicle and the plaintiff was injured. The defendant did not deny that he had been negligent, but he pleaded that the plaintiff had also been negligent. The jury found that the plaintiff had not been negligent. Held by the...
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