High Court of Australia
REASONS FOR JUDGMENT } i
Judgment delivered at...... BRISBANE: W.-M. Houston, Gort. Print, Med. Medneaday,..24th. June..1959
LAWLER a Mz By HORNTBROOK (PRY. ) LIMITED gapgn
Appeal dismissed with costs.
u. R. BROOK
THE COURT z
comams DIXON ¢.3. WIRDEYER J.
EAMLER
M,_R. HOMNTHROOK (PEY.) LIMITED
This is an appeal from a judguent of the Fall Court of the Supreme Court of Queensland refusing a new trial of an action for personal injuries which resulted in a werdict for the defendant. fhe accident out of whieh the action arese eceurred on llth October 1955, and the trial took place three years ister.
The plaintiff Lavler was employed as a builder's labourer in connexion vith the construction of a building, the Gibson Island power house, vhich had gone some distance towards erection. Lawler was employed at the time of the accident on a floor which was called the forced draught floor, and innediately above him vas the induced draught floor.
These floors had been erected and were composed ef reinforced conerete made in a usual manner with concrete combined with steel mesh. At the time vhen he vas at work it had beccue necessary to make sone holes in the concrete for the yarpose of putting in cables, and there was a man named Suith at work making these holes in the induced draught floor above. Lavier himself appears to have been doing somewhat similar work below on the forced draught floor.
The injuries which he sustained were injuries to his head. His case vas that Smith in the course of his work caused the fall of a pisce of concrete which struck him on the head. There vas no direct evidence of this, neither by the plaintire himself nor by anybody else. His ease depended upon ecircus- stantial evidence, that is to say upon the inference fron circumstances and the degree of probability supporting the inference. The alternative theory put forward by the defendant, who disclained any obligation to sceount for the accident at all, vas that the plaintiff hed struck his head against some
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