Mills v. Armstrong (The Bernina)
House of Lords
13 App. Cas. 1 (H.L.E. 1888)
Relevant factsFree
The decedents Mills (plaintiff) represents were employees on the SS Bushire, which collided with the SS Bernina due to the mutual negligence of the people operating each ship; Mills sued Armstrong (defendant), the operator of the Bernina. The trial judge imputed the Bushire operators' contributory negligence to the decedents themselves and barred recovery, but the court of appeals reversed, and Armstrong appealed to the House of Lords.
IssueFree
Whether, in an accident involving two drivers of public conveyances, the contributory negligence of one driver will be imputed to that driver's passenger and bar the passenger from recovering against the other negligent driver.