High Court of Australia
©3998/5
W. BM. Houston, Govt. Print., Melb.
IN THE HIGH COURT OF AUSTRALIA
COepeiae REASONS OR JUDGMENT
Judgment delivered at .c.co0ccennr—
on...
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Appeal dismissed with costs.
BRANDENBURG ve.
BOWRA
ORDER
Application
to strike out the appeal as incompetent refused with costs.
Order that the costs of the application be set off against
the costs of the appeal.
BRANDENBURG
BOWRA
JUDGMENT OF THE COURT
DELIVERED BY DIXON C.J.
CORAM: DIXON C.J. FULLAGAR J. TAYLOR MENZIES J. WINDEYER J.
BRANDENBURG
BOWRA
This is an appeal from a judgment in favour of the defendant in an action for personal injuries heard by the present Chief Justice, Sir Albert Wolff, The plaintiff isa Child who at the time of the accident was three and a half years of age, He lived in a small house in Lord Street opposite which there was a park, a sports ground; a row of large Moreton Bay fig trees lined the edge of the park and the branches overhung the street. Lord Street is forty-four feet wide from kerb to kerb; the footpaths on either side are about ten feet wide. The plaintiff's father possessed @ car which, on the day in question, was pulled up in Lord Street on the opposite side of the road from the house, that ris, on the park side of the road; it was on the greensward just off the road, or partly off the road. It was a summer's day, about five in the afternoon. The father proposed to take his eldest son, who was about eleven years of age, down the street in the car to do some shopping. The child of three and a half years, the plaintiff, wished to go with them but he was told that he could not.
The father said in evidence that he and his eldest son went over to the car and got into it prepared to drive off; he said that the child was left inside the fence of the house at first but later came out on to the footpath. When he had got into the car there came up on the left-hand side of the road, moving in the same direction as his car was facing, that is to say to the north, a somewhat debilitated car with its engine in bad order travelling possibly at 25 m.p.h. He
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