COMMISSIONER FOR RAILWAYS V. McLACHLAN 30/1943

if Go of As _

IN THE HIGH COURT OF AUSTRALIA.

av

----THE..COMMISS.

REASONS FOR JUDGMENT.

Judgment delivered at...

EJ, Green, Gort. Print, Melb. . on__ WEDNESDAY, 29th SEPTEMBER.,..1.943.

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THE COMMISSIONER FOR RAILWAYS.

Ve

McLACHLAN.

ORDER

Appeal dismissed with costs.

REASONS FOR JUDGMENT.

THE COMMISSIONER FOR RAILWAYS.

Ve

McLACHLAN.

AILWAYS .

McLACHLAN.

UDGUENT. LATHAM C.J.

This is an appeal from the Full Court of the Supreme Court of New Sovth Wales dismissing a motion to set aside the verdict of a jury for the plaintiff and to enter a verdict for the defendant, or,

alternatively, for a new trial, in an action of negligence. The action

was brought by the widow of William McLachlan deceased against the

Commissioner for Railways. McLachlan was killed as the result of an

accident to a locomotive crane which capsized while it was moving a section of steel steps unon which McLachlan and another man named

Soutar were standing. The craneoperated in a position of maximum

stability when the jib was working in the same longitudinal line as the

. or truck. 3 mobile platform/to which the crane was attached and when the jib was

in an epproximately vertical position, The strain upon the crane increased and the stability decreased as the jib was swung to the side of the railway line uyon which the crane was working and as it was

The jib was 'being so swung at the time of the accident. lowered, /There was an indicator upon the crane which i:

ated the

weight which was a safe load at the narticular radius at which the crane was operating from time to time. On the occasion of the accident this indicator showed that' the crane wassafe for a load of 24 ewt.

The crane driver (Morris) and the foreman in charge of operations

(Emelhang) thought that the weight of the steel steps was 20 cwt.

The weight of the load