Davidson (nee Kelly) v Ford [1967] JJ 751 (09 June 1967)

Davidson (nee Kelly) v Ford [1967] JJ 751 (09 June 1967)

The plaintiff, driving on the correct side of the road, was not contributorily negligent despite not entirely prudent speed, as the defendant's excessive speed and position over the crown of the road were the primary causes of the collision.

Citation
[1967] JJ 751
Parties
Plaintiff: Davidson (nee Kelly); Defendant: Ford
Jurisdiction
Jersey
Judgment Date
09 June 1967
Procedural Posture
Civil / Judgment
Outcome
judgment for the plaintiff
Legal Topics
Negligence, Contributory Negligence, Road Traffic Collision
Tort Road Traffic Negligence Contributory Negligence Road Traffic Collision

Case Brief

Summary, issues, holding and outcome

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Parties

Davidson (nee Kelly)

Plaintiff

Ford

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defendant was negligent in causing a road traffic collision at a bend
  2. 2 Whether the plaintiff was contributorily negligent due to her own speed

Ratio Decidendi

The plaintiff, driving on the correct side of the road, was not contributorily negligent despite not entirely prudent speed, as the defendant's excessive speed and position over the crown of the road were the primary causes of the collision.

Court Disposition

judgment for the plaintiff