High Court of Australia
WSSBGG
IN THE HIGH COURT OF AUSTRALIA
__ BARBOUR
MELBOURNE AND METROPOLITAN TRAMWAYS BOARD
REASONS. FOR JUDGMENT
1H. B. Daw, Gor. Print, Melb. o.12980/45 i
BARBOUR Ve
MELBOURNE AND METROPOLITAN TRAMWAYS BOARD.
Appeal allowed with costs. Order of Full Court of Supreme Court discharged and in lieu thereof appeal to Full Court dismissed with costs and verdict of jury and judgment of
Mr. Justice Barry restored.
| | |
JUDGMENT (ORAL).
BARBOUR
ve
MELBOURNE AND METROPOLITAN TRAMWAYS BOARD»
DIXON J.
ARBOUR
ve
MELBOURNE AND METROPOLITAN TRAMWAYS BOARD.
mae DIXON Je
This is an appeal from a judgment and order of the Full Court of the Supreme Court of Victoria. The order sets aside the verdict in favour of the plaintiff and enters judgment for the - defendant. The action is an action of negligence for personal injuries. The defendant is the Melbourne and Metropolitan Tram- ways Board. The plaintiff is a lady who suffered severe injuries . from a back wheel of a motor bus passing over her body. This occurred at a place which is described as the intersection of Elgin Street with Lygon Street, but it is also the site of the entrance into Lygon Street of Keppell Street. The exact place where the injuries took place cannot be precisely fixed but it is very close to the kerb line of Lygon Street on the northerly side a little to the east of Lygon Street.
The accident occurred on 28th February 1947, nearly three years ago, at ten minutes to eight in the morning. The plaintiff was riding a bicycle down Keppell Street and entered the junction of that street with Lygon Street. Keppell Street runs into Lygon Street at an angle of about 45 degrees. It runs into Lygon Street rather than into Elgin Street, but actually the southerly side of Keppell Street makes an acute angle with the corner of Elgin Street. The plaintiff rode down Keppell Street, as I have said. An electric tram line curves round from Elgin Street to Lygon Street. She went over this tram line and as, or shortly after, she did so she observed that a bus was stationary at or about a bundy clock which was situated on the westerly side
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