Rudd v Hudson [1972] JJ 2055 (26 May 1972)

Rudd v Hudson [1972] JJ 2055 (26 May 1972)

A driver is not automatically negligent if a vehicle hits a pedestrian due to failure to keep a proper look-out, nor is a driver at night necessarily negligent if unable to stop within the limits of vision.

Citation
[1972] JJ 2055
Parties
Applicant: Rudd; Respondent: Hudson
Jurisdiction
Jersey
Judgment Date
26 May 1972
Procedural Posture
Civil / Judgment
Outcome
claim dismissed
Legal Topics
Negligence, Duty of Care, Road Traffic Accidents, Look Out Duty
Tort Road Traffic Negligence Duty of Care Road Traffic Accidents Look Out Duty

Case Brief

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Parties

Rudd

Applicant

Hudson

Respondent

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether a driver is negligent merely because a vehicle hits a pedestrian due to failure to keep a proper look-out
  2. 2 Whether a driver at night is necessarily negligent if not able to stop within the limits of vision

Ratio Decidendi

A driver is not automatically negligent if a vehicle hits a pedestrian due to failure to keep a proper look-out, nor is a driver at night necessarily negligent if unable to stop within the limits of vision.

Court Disposition

claim dismissed