SPERIDON V. BOURNE 5/1941

bo.s of 1441 ~

IN THE HIGH COURT OF AUSTRALIA.

SPERIDON

BOURNE.

REASONS FOR JUDGMENT.

Judgment delivered at MELBOURNE...

H Grom, Govt, Bint, Matb. on..... TUESDAY 4th MARCH 1941.

casas,

ORDER.

SPERIDON V_BOURNE.

Appeal dismissed with costs.

SPERIDON V_ BOURNE. SUDGUENT. , STARKE J.

Appeal from a decision of AngQ&s Parsons J, in the Supreme Court of South Australia in favour of the plaintiff in the case of a collision between two motor vehicles. An appeal from the decision lay to the Supreme Court of South Australia but has been brought to this Court and heard in Melbourne at increased costs to the parties.

The motor vehicles were proceeding at night time in opposite directions along the roadway between Port Augusta and Whyalla, which has three tracks, but only the centre track has apparently been formed, The plaintiff was going north to Pert Augusta ina light/ear on the track on his wrong side of the roadway and the defendant was going south to Whyalla_in a heavy loaded truck along the centre and formed track, The roadway was unobstructed and the vehicles were visible to each other a considerable distance apart. But they continued on their courses until about 80 feet or so apart. The plaintiff in his light car veered across the roadway to his right side across the course of the defendant's truck whilst the defendant in his truck went across to his wrong side of the roadway. The plaintiff was on his right side of the roadway when the collision took place bat the defendant was on his wrong side,

The learned judge was of opinion that both parties were in fault but that the defendant was responsifile for the collisim because he could by reaaonable care have counteracted the fault of the plaintiff. The propriety of the decision of Angas Parsons J. depends upon the facts of the case and not upon any question of law, The defendant took upon himself a grave risk in crossing to his wrong side of the read. A slight deviation to his right side would have enabled the vehicles to pasa one