Davies v Swan Motor Co [1949] 2 KB 291 Court of Appeal

Davies had been standing on steps at the side of a dust lorry. He was standing in a dangerous place. The lorry was travelling along a narrow road when a bus tried to pass the lorry. Davies was unfortunately killed.

Held:

Davies was himself one-fifth responsible for the damage because of his negligence in standing upon, or being upon, the side of the dust lorry. His damages were accordingly reduced under the Law Reform (Contributory Negligence) Act 1945.

Bucknill LJ

"when one is considering the question of contributory negligence, it is not necessary to show that the negligence constituted a breach of duty to the Defendant. It is sufficient to show lack of reasonable care by the Plaintiff for his own safety."

Back to lecture outline on contributory negligence in Tort Law