A lorry and a car it was towing stopped, obstructing the highway. The plaintiff crashed into them, and claimed that they constituted a nuisance. The vehicles had only just stopped, and the driver was checking that all was well with the car. The court was asked as to the alleged liability of the driver of the stationary car into which that carrying the plaintiff crashed, notwithstanding that the former vehicle was clearly visible 100 yards away.
Held: ‘the mere fact that an unlighted vehicle is found at night upon a road is not sufficient to constitute a nuisance’. Although the vehicle was so ‘found’, its driver might nevertheless be exculpated if, for example, it emerged that it was only momentarily stationary and that without fault on his part.
Judges:
Edmund Davies J
Citations:
[1960] 1 WLR 867
Jurisdiction:
England and Wales
Cited by:
Cited – Dymond v Pearce CA 13-Jan-1972
A motorcyclist crashed into the rear of a lorry stationary on the carriageway. The plaintff said that the parking of the lorry was a nuisance, and that if it had not been so parked, there would have been no accident.
Held: The appeal failed. . .
Lists of cited by and citing cases may be incomplete.
Nuisance
Updated: 04 December 2022; Ref: scu.265960