Ormrod v Crosville Motor Services Ltd Murphie (Third Party)
| Jurisdiction | England & Wales |
| Date | 1953 |
| Court | Court of Appeal |
Negligence - Vicarious liability - Agency - Motor-car driven by friend of owner - Accident - Car driven at owner's request - Mutual purpose - Negligence of car driver - Responsibility of owner.
As the result of a collision between a motor-car and an omnibus owing (partly) to the negligent driving of the driver of the car, he and his wife, who was a passenger therein (the plaintiffs) were both seriously injured and damage was done to both vehicles. The male plaintiff, a friend of the owner of the car, was driving it from Birkenhead to Monte Carlo to meet the owner, who was taking part in a motor rally, and the intention was that after the completion of the rally the owner and the plaintiffs should go for a holiday together in Switzerland. It was agreed that before meeting the owner of the car the plaintiffs should visit a friend in Normandy, and with that object they left a few days earlier than they would otherwise have done. The accident occurred while the plaintiffs were on the way to Dover for the purpose of crossing to France. In third-party proceedings by the first defendants (the owners of the omnibus) against the owner of the car for the damage done to the omnibus:—
Held, that the owner of the car was vicariously responsible for the damage done to the omnibus since at the time of the accident the male plaintiff was driving the car in the joint interest of the owner and himself, and was accordingly the agent for the owner who was therefore liable to the first defendants for his negligence.
APPEAL from Devlin J., sitting at Chester Assizes.
The plaintiffs in these consolidated actions, Elsye Johnstone Ormrod and her husband, Arthur Noel Ormrod, brought an action for damages for personal injuries to them both as the result of the alleged negligent driving of a motor-omnibus belonging to the first defendants, Crosville Motor Services Ld., and driven by their servant, the second defendant, Gerald Reginald Clarke. The defendants alleged that the accident was due to the negligent driving of the car by the male plaintiff, and counter-claimed for damage done to their omnibus. They also took third-party proceedings against Henry Bruce Murphie, the owner of the car, alleging that he was vicariously responsible for the male plaintiff's negligence, and it is on the issue of third-party liability only that the case calls for a report.
On January 20...
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Norton v Canadian Pacific Steamships Ltd
...13 The judgment dealt shortly with this issue and relied, as does the respondent's argument, solely on a decision of this court in Ormrod v. Crosville Motor Services (1953 1 Weekly law Reports, page 1120). The evidence scarcely anticipated the point for very little evidence was directed to ......
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Launchbury v Morgans
...on the owner's behalf. Such liability depends not on ownership but on the delegation of a task or duty". 20 In Ormond v. Crosville ( 1953 1 W.L.R. 1120) Lord Justice Singleton said that liability depended upon the car being used either for the owner's sole purpose or for the joint purposes ......
- Lee Chong v Tan Kwee Low and Another
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Preliminary Sections
...(1962) 1 All. N L R 663 165 Oladimeji v. The Queen (1964) N.M.L.R 31. 75 Ormrod and Another v. Crosville Motor Services Ltd. and Anor (1953) 2 All E.R. 753. 301 Owonyi v. Omotosho [1961] All N.L.R. 304. 137 Paul v. Mrs. George, 4 F.S.C. 198. 138 Pearse v. Foster (1886) 17 Q.B.D. 536. 113 Ph......
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MANUEL V. EDEVU
...liable to the plaintiff. 20 CASES REFERRED TO IN JUDGMENT: 1. Ormrod and Another v. Crosville Motor Services Ltd. and Another (1953) 2 All E.R. 753. 2. Chowdhavy and Another v. Gilla' and Others (1937) 2 All E.R. 541. 25 Olofinmaki for the Appellant. Adewole for the Respondent. MADARIKAN, J......
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VICARIOUS LIABILITY
...above statement of the law was repeated by Denning, L.J. (as he then was) with approval in Ormrod v. Crosville Motor Services Ltd. (1953) 2 All E.R. 753 at pp. 754 and 755." - Per Fatai Williams, J.S.C., in T. O. Kuti & Anor v. Oludademu Jibowu & Anor. Suit No. S.C. 291/1971; (1972)......