Wellwood v King

• Jurisdiction: Ireland
• Judgment Date: 01 January 1921
• Date: 01 January 1921
• Court: King's Bench Division (Ireland)

K. B. D., C. A.,

Wellwood

and

King

Collision between motor cars - Joint negligence of bailee and third party - Bailor's right to damages - Doctrine of identification.

A. entrusted his motor car to C. for repairs. The car was taken out by a servant of C. for the purpose of testing its engine. It came into collision with a lorry belonging to B., driven by B.'s servant. In an action for damages brought by A. against B.the jury found that the driver of the lorry had driven at an excessive speed, and that the driver of the motor car was negligent in not keeping a proper lookout. They also found that the driver of the lorry could not, by the exercise of reasonable care and caution, have avoided the consequences of the other driver's negligence. On these findings Gordon, J., gave judgment for the plaintiff. This judgment was set aside by the King's Bench Division on the ground that the bailor was so far identified with the bailee as to disentitle him to recover damages in...