Morrissey v Healy
| Jurisdiction | Ireland |
| Judgment Date | 30 April 1960 |
| Date | 30 April 1960 |
| Court | Supreme Court |
Contributory negligence - Failure to keep proper look-out -Withdrawal of case from jury - Evidence to be considered.
A collision occurred on the middle of a cross-roads between the plaintiff, who was driving her car slowly across the junction, and the defendant's lorry, which was being driven across the junction at right angles to the plaintiff on her left. The plaintiff's and the defendant's drivers' respective views of each other as they approached the cross-roads were restricted by a high hedge. The plaintiff did not see the defendant's lorry coming towards her until she had got out on to the junction when it was only about its own length away from her, and travelling fast. She failed to stop or to avoid the collision due, she said, to her being "mesmerised" by suddenly seeing the lorry bearing down on her. The plaintiff sued the defendant for damages for injuries caused by the alleged negligent driving of the defendant's servant or agent. At the hearing, at the close of the plaintiff's case, counsel for the defendant applied to the trial Judge for a direction on the ground that the facts proved established contributory negligence on...
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