MAXWELL V. YELLOW CABS OF AUSTRALIA 68/1939

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IN THE HIGH COURT OF AUSTRALIA.

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| | | ——— a | REASONS FOR JUDGMENT. { i f = | } Judgment delivered at. Melbourne... 2 Om, Ot i, Ho, on. Thursday, 23rd May, 190.

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MAXWELL ve YELLOW CABS OF AUSTRALIA LTD.

Order.

Appeal allowed with costs appropriate to an appeal in forma pauperis. Order of Full Court set aside. Verdict of jury and judgment thereon set aside. New trial ordered. Costs of first trial to sbide result of second trial.

Respondent to pay to appellant costs of appeal to Supreme

Court.

MAXWELL xv. YELLOW CABS OF AUSTRALIA LTD.

Reasons for Judgment. The Chief Justice.

This is an appeal from a judgment of the Full Court of the

Supreme Court of New South Wales (Jordan C.J., Halse Rogers J. and Williams A.J.) dismissing a motion for a new trial in an action for damages for negligence where the jury found a verdict for the defendant. I approach the consideration of this appeal in the light of the important general rule that the verdict of a jury should be supported if possible and that a court of appeal should not be subtle or astute in seeking to displace it. The only substantial question which arises is whether the learned judge was right in directing the jury that there was evidence of contributory negligence. No other objection was taken to the direction and therefore no other objection can now be relied upon (N.S.W. Supreme Court Regulae Generales rule 151 8).

The action was brought under the Compensation to Relatives Act 1897 (N.S.W.) by the widow of George Maxwell who was knocked down by a motor car onthe Prince's Highway at Banksia on 19th August, 1938. He died from his injuries on the next day without recovering con- sciousness. 'The motor car, driven by a servant of the defendant company, was travelling in a southerly direction on the eastern side of the road. The defendant was struck by the left headlamp of the car and after the accident his body was found on the gutter and