References: [1970] 1 WLR 71
Coram: Lord Widgery
Ratio: Lord Widgery said: ‘All motorists are guilty of errors of one kind or another, and I think it would be quite unreal if roads were designed on the assumption that no driver would ever err.’
Jurisdiction: England and Wales
This case cites:
- Cited – London Passenger Transport Board v Upson HL ([1949] AC 155)
‘A prudent man will guard against the possible negligence of others when experience shows such negligence to be common’.
Lord Wright said: ‘a claim for damages for breach of a statutory duty intended to protect a person in the position of the . .
(This list may be incomplete)
This case is cited by:
- Cited – Great North Eastern Railway Limited v Hart and Secretary of State for Transport, Local Government and the Regions and Network Rail Infrastructure Limited QBD ([2003] EWHC 2450 (QB), Bailii)
A driver had crashed through a barrier before a bridge, and descended into the path of a train. Ten people died. He now sought a contribution order against the Secretary of State for the condition of the barrier which was said to be faulty.
(This list may be incomplete)
Last Update: 23 July 2017
Ref: 187295
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