Lloyd's Law Reports

Professor Robert Merkin KC; Dr Johanna Hjalmarsson

Document

RICKMAN v. RAILWAY EXECUTIVE.

(1949) 83 Ll.L.Rep. 409

COURT OF APPEAL.

Before Lord Morton of Henryton, Lord Justice Asquith and Lord Justice Singleton.

Negligence-Joint or severable negligence -Sudden peril created by plaintiff- Liability of defendants for action subsequently taken-Collision between plaintiff's yacht Micawber and defendants' ferry boat Farringford in River Lymington - Plaintiff thrown into water-Paddles of ferry boat stopped, but subsequently restarted, plaintiff being drawn under paddle and injured -Plaintiff admittedly responsible for collision-Alleged negligence of defendants in restarting paddles-Claim by plaintiff upheld by learned Judge- Appeal by defendants-Whether situation of peril created by plaintiff still existed when paddles were restarted- Bywell Castle rule-Contributory negligence -Law Reform (Contributory Negligence) Act, 1945, Sect. 1.

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