Dale v Dunell's Ltd. [1976] JJ 291 (02 January 1976)

There was a reasonable inference that the defendants could have taken care by design or operation to prevent the occurrence, and the obstruction of the highway by the gate constituted a nuisance.

Citation: [1976] JJ 291
Parties: Plaintiff: Dale; Defendant: Dunell's Ltd.
Jurisdiction: Jersey
Judgment Date: 02 January 1976
Procedural Posture: Tort / Judgment
Outcome: judgment for the plaintiff
Legal Topics: Negligence, Res Ipsa Loquitur, Nuisance, Obstruction of Highway

Tort Law Negligence Res Ipsa Loquitur Nuisance Obstruction of Highway

Case Brief

Summary, issues, holding and outcome

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Parties

Dale

Plaintiff

Dunell's Ltd.

Defendant

Procedural Posture

Tort / Judgment

Legal Issues

1 Whether the defendants were negligent under the doctrine of res ipsa loquitur for a heavy gate swinging across a public carriageway and striking the plaintiff's vehicle
2 Whether the obstruction of the highway by the gate constituted a nuisance

Ratio Decidendi

There was a reasonable inference that the defendants could have taken care by design or operation to prevent the occurrence, and the obstruction of the highway by the gate constituted a nuisance.

Court Disposition

judgment for the plaintiff