High Court of Australia
IN THE HIGH COURT OF AUSTRALIA
; REASONS FOR JUDGMENT
Judgment delivered - fo
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JUDGMENT
DIXON C.J. WILLIAMS -J.
WEBB.J. FULTAGAR J. KITT0 J. 7°
COGHLAN JUDGMENT
DIXON C.J. This is an appeal from an order of the Supreme Court of New South Wales refusing a plaintiff in two actions tried together a new trial, the verdict of the jury having passed for the defendant. 'The actions arose out of a very serious accident which took place on the Mitchell Highway as that highway approaches the Eulomogo Bridge from the east. Mr. Miller in a very careful argument on behalf of the appellant described to us in full the topographical features which have a bearing on the inferences to be drawn as to how the accident happened. The plaintiff was driving a car towards the west and he was travelling at a speed which is in dispute, but which he does not place at a very high rate, considering that it was a country road and a bitumen surface. He had come down hill and got on to level ground and was approaching the bridge. He suddenly struck the rear of the defendant's truck which was pulled up on the road. Advancing from the opposite direction was a car with headlights, and he says in evidence that these headlights 'dazzled him. The plaintiff's case was that the truck was pulled up far over towards the centre of the road and in an ©
improper position, and that it had no tail-light. In support of that case, great reliance was placed upon
markings which appeared clearly on the road showing the
a te te ae te
- 2- skid marks of the plaintiff's own car. Those skid marks
began at a distance of 48 feet from the point at which the rear of the plaintiff's car stood after the accident. They went for a distance which is not precisely stated but which appears to be between 23 feet and 25 feet ina slightly irregular curve towards the yellow line marking the centre of the road and, as appears not only from the plan but also from the photographs, at that point the strong markings which appeared on the road ceased. 'There is some dispute as to whether the markings went on, coming in more towards the left of the road. At that point the markings which so far are clearly traced seem to end,
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