THE COMMISSIONER FOR RAILWAYS V. HANNA

THE..COMMISSIONER FOR RATLWAYS.

REASONS FOR JUDGMENT

4.2 Gonrley, Gort, Print., Mtb, Friday, 17th December, 1954.

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THE COMMISSTONER FOR RATLWAYS

ORDER

Appeal allowed with costs. Order of the Full Court of the Supreme Court discharged. In lieu thereof order that the appeal to the said Full Court be allowed with costs and the verdict and judgment for the plaintiff be set aside and a verdict and judgment

be entered for the defendant with costs.

"

JUDGMENT

THE COMMISSIONER FOR RAILWAYS

HANNA

DIXON C.J. WEBB J. KITTO J. TAYLOR J.

THE COMMISSIONER FOR RAILWAYS

v. HANNA DIXON C.J. WEBB J. KITTO J. JUDGMENT . TAYLOR J.

This is an appeal from an order of the Full Court of the Supreme Court of New South Wales which dismissed a motion by the present appellant for judgment in an action in which a verdict for the sum of £5,000 was returned by a jury in favour of the respondent. The. action was one which had been instituted by the respondent, pursuant to the Compensations to Relatives Act, 1897, to recover damages on her own behalf in respect of the death of her husband which _ resulted from injuries received by him on the 30th June 1952. On and before that day the deceased was employed by the appellant as a leading fettler and on the day in question he was detailed with three other employees to remove weeds from the permanent way on portion of the main northern line in the vicinity of Hamilton, near Newcastle, and it was whilst performing these duties that he suffered the injuries which

resulted in his death.

There were no eye-witnesses of the mishap and, at the conclusion of the respondent's case at the trial, counsel for the appellant intimated that he did not propose to call evidence and submitted that there should be a verdict for the appellant by direction. The grounds of that application were that the evidence called on behalf>' of the respondent did not support any allegation of negligence on the part of the appellant and, further, that upon the evidence