Murphy v Cronin

• Jurisdiction: Ireland
• Judgment Date: 01 January 1968
• Date: 01 January 1968
• Court: Supreme Court

(S.C.)

Murphy

and

Cronin

Fatal accident -Damages - Deductions from damages -Civil Liability Act, 1961, s. 50.

The plaintiff's husband was killed when he rode a bicycle from a side road onto a main road where he was struck by a motor car driven by the defendant. The husband had not reached superannuation age but, by the rules of a superannuation fund of which he was a member, a sum equal to his accumulated contributions to the fund, with interest, was payable to his personal representative, and a sum equal to 25% of such contributions was payable to his widow, the plaintiff. The plaintiff brought an action, on behalf of herself and other dependants, against the defendant and claimed damages resulting from her husband's death. The action was tried in the High Court before a judge and jury. The jury found that the husband and the defendant had been negligent, that the husband had been 40% responsible and the defendant 60% responsible for the collision, and they awarded damages to the plaintiff. The defendant appealed against the finding that he had been negligent, against the apportionment of liability and against the amount of damages. In allowing the defendant's appeal against the apportionment of liability and dismissing the other grounds, it was held by the Supreme Court ( Ó Dálaigh C.J., Kingsmill Moore, Haugh and Walsh JJ.; Lavery J. dissenting) 1, that in...