High Court of Australia
©1975/55
W. M. Houston, Govt. Print, Melb.
IN THE HIGH COURT OF AUSTRALIA
REASONS FOR JUDGMENT
Appeal allowed.
Order of the Supreme Court of Tasmania to be varied by ordering that judgment be entered for the plaintiff in the sum of £8,829.0.4 in lieu of the sum of £4,414.10.2.
Respondent to pay appellant's costs of this appeal.
\
BEADLE
this is an appeal by a plaintiff in an aetion to | recover damages for personal injuries caused by the negligence ef the defendant. The appeal comes from the Suprene Court of Tasmania, where judguent passed for the plaintiff, The damages 'sustained by the pleintiff were assessed at £8,829, but under the provisions of the Contributory Negligence Act of Tasmania the amount recoverable was reduced to £4,44421010 on the ground of the plaintiff's contributory negligence. The appeal is concerned only with the finding of contributory negligence and the apportionment of damages.
The ection wes tried at Launceston by Green J, without a jury. The injuries of which the plaintiff complained were severe and arase out of a collision between « Holden car which she was driving and a Wolseley car driven by the defendant. The collision occurred at sbout the hour of midnight on 3rd September 1954 at the interseetion of two streets in Launceston. The teo streets were Abbott Street, which runs reughly north emi south, and David Strest, whieh runs roughly east am west. The plaintiff was driving in a southerly éireetion along Abbott Street escompanied by her niece, a girl of about thirteen or fourteen years of age, who was sitting beside her. The éofendent was driving his mother*s Volseliyear in an essterly Girection, He was a young man about twenty-one years of age and was driving some girls home from a dance. At the intersection the plaintiff's Holden struck the Wolselon its left-hand side amé inflieted damage extending from about the forward part of the modguerd to the door, The Holden seems to have been carried inte David Street to the east and there te have turned round until it almost faced in the opposite direction. The Volseley went on for some considerable distance ever to the right-hand, side of David Street ami Grew up, Abbott Street carries a
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