Montgomery v Loney
| Jurisdiction | Northern Ireland |
| Judgment Date | 01 January 1959 |
| Date | 01 January 1959 |
| Court | Court of Appeal (Northern Ireland) |
"Road or public place" - Forecourt of filling station - Road Traffic Act (Northern Ireland), 1955, ss. 39, 75.
By section 39 (1) of the Road Traffic Act (Northern Ireland) 1955, "Every person who . . . is in charge of, a motor vehicle on any road or other public place, while he is under the influence of drink . . . to such an extent as to be incapable of having proper control of the vehicle, shall be guilty of an offence . . ." By section 75 of the same Act "road" is defined as including "a public road and any street, carriageway, highway or roadway to which the public has access". The respondent was charged with being in charge of a motor vehicle in a public place while under the influence of drink. The "public place" was designated in the summons as the forecourt of a filling station. The filling station was situate a few yards back from the edge of a public road and the forecourt consisted of two carriageways with a perpetually open entry and exit from and to the public road at each end of the carriageways. The owner of the filling station impliedly invited motorists to come on his premises to purchase petrol and other supplies, but excluded therefrom persons other than customers or those having business with him. Held, by the Court of Appeal (Curran L.J. dissenting), (i) that the...
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