Mc Comiskey v McDermott

JurisdictionIreland
CourtSupreme Court
Judgment Date26 July 1974
Docket Number[1969. No. 3181 P.]
Date26 July 1974
(S.C.)
Mc Comiskey
and
McDermott

Motor rally - Driver and passenger acting as a team - Passenger injured in accident - Driver's duty to passenger - Whether passenger had waived his legal rights - Sequence of questions on jury's issue paper -Civil Liability Act, 1961 (No. 41), s. 34, sub-s.1 (b).

The plaintiff and the defendant were travelling at night as passenger and driver in the defendant's motor car while taking part, as a team, in a motor rally in which the defendant was trying to maintain an average speed of 35 m.p.h. and to arrive at various checkpoints promptly at the times specified by the organisers of the rally. Having driven round a corner on a muddy laneway, the defendant was faced with an obstruction on the laneway ahead and downhill. The defendant believed that he could not stop his car before reaching the obstruction and so he drove his car into a ditch where it overturned and the plaintiff was injured. The dashboard of the defendant's car carried a notice stating that passengers travelled in the car at their own risk. The plaintiff claimed damages in the High Court for the negligence of the defendant. At the trial the jury, in answer to the first question on the issue paper, answered that the plaintiff had impliedly agreed to waive his legal rights in respect of injury caused by the negligence of the defendant; in answer to the second question on the issue paper, they found that the defendant had not been negligent. On appeal...

To continue reading

Request your trial
6 cases
  • Carr v Olas & Doran
    • Ireland
    • High Court
    • 15 March 2012
    ...CONSTABULARY 1987 NI 420 GALA v PRESTON 172 CLR 243 1991 HCA 18 HALL v HERBERT 1993 2 SCR 159 101 DLR (4TH) 129 MCCOMISKY v MCDERMOTT 1974 IR 75 ROAD SAFETY AUTHORITY RULES OF THE ROAD: MARCH 2007 PARA 13 TORT LAW Duty of care Negligence - Personal injuries - Duty of care - Doctrine of ex......
  • Cromane Seafoods Ltd v Minister for Agriculture
    • Ireland
    • Supreme Court
    • 22 February 2016
    ...hardly ever turns on a debate concerning the parameters of the law of negligence except in unusual cases such as McComiskey v. McDermott [1974] I.R. 75 where this Court had to consider an injured navigator in a motor rally car and the extent of the duty of care owed by the driver of that ca......
  • Rooney v Connolly
    • Ireland
    • Supreme Court
    • 1 January 1987
    ... 1932 AC 562 FOLEY V MUSGRAVE CASH & CARRY UNREP SUPREME 20.12.85 1985/8/2145 INDERMAUR V JAMES LR 1 CP 274 MCCOMISKEY V MCDERMOTT 1974 IR 75 MCMAHON & BINCHY IRISH LAW OF TORTS P230 MCNAMARA V ELECTRICITY SUPPLY BOARD (ESB) 1975 IR 1 O'DONOVAN V CORK CO COUNCIL 1967 IR 373, 102 ILTR 169......
  • McKenna v Best Travel Ltd
    • Ireland
    • High Court
    • 17 December 1996
    ...V STEPHENSON 1932 AC 562 WARD V MCMASTER 1988 IR 337 1989 ILRM 400 ANGELL V ARANZINI LUMBAR CO 363 SO (2d) 517 COMMISKEY V MCDERMOT 1974 IR 75 CIVIL LIABILITY (AMDT) ACT 1964 S2 WHITE IRISH LAW OF DAMAGES CH 5 SOCIAL WELFARE (CONSOLIDATION) ACT 1981 S68(1) SOCIAL WELFARE (CONSOLIDATION) ACT......
  • Request a trial to view additional results
1 books & journal articles
  • Winner All Right? Liability in Tort For Injury in Sport
    • Ireland
    • Trinity College Law Review No. VI-2003, January 2003
    • 1 January 2003
    ...that considerable assistance on this issue is to be gleaned from the Supreme Court decision thirty years ago in McComiskey v. McDermott [1974] IR 75. 3 See generally, Beloff, Kerr and Demetriou, Sports Law (Hart Publishing, 1999), at 111-117; Gardiner, "Tackling from Behind: Interventions o......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT