High Court of Australia
6.7108 /51
4.3 Gowler, Gort. Print., Met,
IN -PHE HIGH COURT OF AUSTRALL
THE PUBLIC CURATOR OF QUEENSLAND AND OTHERS FE _— BURNIE { ve — SHE PUBLIC. CURATOR OF
QUEENSLAND & ORS. .
REASONS FOR JUDGMENT KI.
Judgment delivered at S¥aney on. Monday, 6%h Sentember, 1954.
cri cE
JUDGMENT.
Ve
THE PUBLIC CURATOR OF QUEENSLAND
THE PUBLIC CURATOR OF QUEENSLAND
DIXON Code McPTBERNAN J.
oe
SKEWES & SKEWES
Ve
THE PUBLIC CURATOR OF QUEENSLAND & ORS.
BURNIE
Ve
m
THE PUBLIC CURATOR OF QUEENSLAND & ORS.
Appeals dismissed with costs.
SKEWES
QHE PUBLIC CURATOR OF QUEENSLAND
BURNIE
THE PUBLIC CURATOR OF QUEENSLAND
JUDGMENT McTIERNAN Je WEBB Je
KLgTTo J.
These two appeals call into question a judgment of the Supreme Court of Queensland (Sheehy J.) given in a consolidated action relating to a collision which occurred between two motor cars on the Blackall-Barcaldine road in the west of Queensland on 10th May 1951. One car was driven by Colin Archer Skewes, who had as his passengers Stanley Simonsen and Stanley John Simonsen in the front seat and R. C. McTaggart, D. M. Farrow and H. H. Monk in the back seat. The driver and Stanley Simonsen were killed, and the others all suffered injuries. The other car was driven by W. M. Burney, whose only passenger, one Felsman, was with him in the front seat. Both were injured.
Three actions were commenced in respect of the collision. One was brought by the Public Curator of Queensland as executor of Stanley Simonsen deceased against Burney, claiming damages for the benefit of the widow and three children for the death of the deceased, and damages
for the benefit of the deceased's estate in respect of his
injuries and death. It was alleged in this action that Simonsen's injuries and death were caused by negligent driving on the part of Burney. The second action was brought by the Public Curator of Queensland in the same capacity, making similar claims against the widow of Skewes as the administratrix of his estate, and also against Skewes' brother on the footing that Skewes was the agent of his brother and himself. The allegation in this action was that the collision was caused by negligent driving on the part of Skewes. The third action was brought by the four surviving passengers in Skewes' car, claiming damages against Burney, or alternatively against Skewes' widow as his administratrix and his brother as his co-principal, alleging negligent driving on the part of Burney, or alternatively of Skewes.
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