DOCTRINE OF IDENTIFICATION
doctrine of identification.Hist. English law. The rule that if a person traveling in a
conveyance is injured in an accident that occurs because of someone else’s negligence, and the
driver of the conveyance is contributorily negligent, the passenger cannot claim damages against
the tortfeasor since the passenger is “identified” with the contributorily negligent driver. • The
leading authority for this doctrine was Thorogood v. Bryan, 8 C.B. 115 (1849), but the Court of
Appeal repudiated the doctrine as unsound in The Bernina [1887], 13 App. Cas. 1 (1888). [Blacks Law 8th]