ROACH V. AIRS; DAVIS V. AIRS

ROACH V. AIRS; DAVIS V. AIRS

There was sufficient evidence for the jury to find that the appellants knew and accepted the risk of being driven by a person incapable, through drink, of properly driving; therefore, the appeals fail and the jury’s verdict for the respondent stands.

Parties
Appellant: Davis; Appellant: Mrs. Roach; Respondent: Airs
Jurisdiction
Australia
Judgment Date
19 December 1952
Procedural Posture
Appeal / Appeal From Orders Dismissing Motions for New Trials
Outcome
appeal dismissed
Legal Topics
Negligence, Occupier's Liability, Passenger Assumption of Risk
Tort Law Negligence Occupier's Liability Passenger Assumption of Risk

Case Brief

Summary, issues, holding and outcome

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Parties

Davis

Appellant

Mrs. Roach

Appellant

Airs

Respondent

Procedural Posture

Appeal / Appeal From Orders Dismissing Motions for New Trials

Legal Issues

  1. 1 Whether the respondent was incapable of managing the car due to intoxication at the relevant time
  2. 2 Whether the appellants knew of and fully appreciated the respondent's incapacity and nevertheless accepted the risk

Ratio Decidendi

There was sufficient evidence for the jury to find that the appellants knew and accepted the risk of being driven by a person incapable, through drink, of properly driving; therefore, the appeals fail and the jury’s verdict for the respondent stands.

Court Disposition

appeal dismissed

Orders

  • Appeals dismissed with costs.