Murphy v Riordan

JurisdictionIreland
CourtSupreme Court (Irish Free State)
Judgment Date01 Jan 1926
S.C., I. F. S.,
Murphy
and
Riordan

Running down - Negligence of defendant's servant - Contributory negligence - Want of reasonable care - Contributory negligence being the cause of accident - Defendant unable to avoid - Appeal allowed.

Plaintiff, who was hurrying home to dinner along a public footpath, stepped off the footpath in order to allow some people to pass, and was knocked down and injured by a lorry driven by defendant's servant which was coming along the street behind him. Plaintiff claimed damages for negligence of defendant's servant in not sounding his horn. Defendant by way of defence said that plaintiff was guilty of contributory negligence in stepping off a public footpath on to the road without looking around him to assure himself that no vehicle was approaching, and that this negligence on...

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