JOHNSON V. HOLDWAY

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IN THE HIGH COURT OF AUSTRALIA

REASONS FOR JUDGMENT

Judgment debivered at

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HOLDWAY

WILLTAMS J

uNZ (ORAL)

JUD!

LOBNSON

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HOLDWAY

TUDGNENT (ORAL)

This is an appeal by the defendant from a judgment of the Supreme Court of Queensland given by Townley J. in an action in which the plaintiff sued the defendant for injuries and loss by reason of a collision between himself and the defendant's motor vehicle on the 18th day of July, 1951. His Honour found that the collision was caused by the negligence of the defendant in not keeping @ proper lookout whilst driving the motor vehicle. He also found that the collision was not caused or contributed to by any negligence on the part of the plaintiff. His Honour awarded the plaintiff as specisl damages the sum of £236.10. 0 and as general damages the sum of £2,750. There is no appeal from the amount of damages awarded. The appeal is from the two findings I have mentioned. Mre Campbell submitted that on the evidence his Honour should not have found that there was any negligence on the part of the defendant. He also submitted thet on the evidence his Honour should have found that the collision was contributed to by the negligence of the plaintiff. Mr. Campbell, I think, has seid everything 'that can be said for the appellant on the appeal. But he has not satisfied me that we ought to reverse either of his

Honour's findings.

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His Honour dealt with the facts at considerable length. he plaintiff, who suffered serious injuries, had no recollection of the circumstences but Several witnesses saw the accident. It is not necessary,

I think, for this Court to traverse the whole field again.

It is only necessary to refer to a few of the more important Facts of the cases It appears the accident occurred at about ten to seven at night on the 18th July, 1951, where the New Lindum Road enters the Brisbane Road between Brisbane and Wynnume 'he plaintiff was a passenger on a bus which deposited him where the New Lindum Road enters Brisbane Road. He proceeded to cross the road after the bus had left from the out-bound side of Brisbane Road to the in-bound side in order