Dymond v Pearce & Ors [1972] EWCA Civ 7 (13 January 1972)

Dymond v Pearce & Ors [1972] EWCA Civ 7 (13 January 1972)

Although the lorry was an obstruction and thus a public nuisance, it did not constitute a danger to road users in the circumstances, and the accident was solely caused by the negligence of the motorcyclist. There was no causative link between the nuisance and the plaintiff's injuries, so the claim fails.

Citation
[1972] EWCA Civ 7
Parties
Appellant (plaintiff): Dymond; Respondent (2nd Defendant, Owner of Lorry): Pearce; Respondent (3rd Defendant): Third Defendant (Driver of Lorry)
Jurisdiction
England and Wales
Judgment Date
13 January 1972
Procedural Posture
Civil Appeal / Appeal From Judgment of Mr. Justice Bridge at First Instance
Outcome
Appeal dismissed
Legal Topics
Negligence, Nuisance, Highway Obstruction, Causation, Strict Liability
Tort Law Negligence Nuisance Highway Obstruction Causation Strict Liability

Case Brief

Summary, issues, holding and outcome

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Parties

Dymond

Appellant (plaintiff)

Pearce

Respondent (2nd Defendant, Owner of Lorry)

Third Defendant (Driver of Lorry)

Respondent (3rd Defendant)

Procedural Posture

Civil Appeal / Appeal From Judgment of Mr. Justice Bridge at First Instance

Legal Issues

  1. 1 Whether parking a lorry on a highway for several hours constitutes a public nuisance actionable in damages for personal injury
  2. 2 Whether the presence of the lorry was a cause of the accident and injuries to the plaintiff
  3. 3 Whether negligence is required for liability in nuisance for highway obstruction

Ratio Decidendi

Although the lorry was an obstruction and thus a public nuisance, it did not constitute a danger to road users in the circumstances, and the accident was solely caused by the negligence of the motorcyclist. There was no causative link between the nuisance and the plaintiff's injuries, so the claim fails.

Court Disposition

Appeal dismissed

Orders

  • Second and third defendants' costs to be paid out of the Legal Aid Fund, including costs of the hearing on 7 February