Mulligan v Daly

• Jurisdiction: Ireland
• Court: Circuit Court
• Judgment Date: 01 January 1939
• Date: 01 January 1939

(Cir. Ct.),

Mulligan

and

Daly

Mechanically-propelled vehicle - Person driving with the consent of the owner deemed his servant - Driving outside the terms of the consent - Owner not liable - Road Traffic Act, 1933, s. 172.

1. Sect. 172 of the Road Traffic Act, 1933, provides that: —"Whenever a person drives a mechanically-propelled vehicle with the consent (whether expressed or to be implied from the circumstances) of the owner of such vehicle, such person shall, for the purposes of determining the liability or non-liability of such owner for injury occasioned by the negligent driving of such vehicle by such person, be deemed to drive such vehicle as the servant of such owner, but only in so far as such person acts in accordance with the terms of such consent." Where a person, driving a mechanic...