FIACCHI V. MANNION 6/1960

6 _ ~ et or VOU 7 iN THE HIGH COURT OF AUSTRALIA |

MANNION

REASONS FOR JUDGMENT

Judgment delivered at— ADELAIDE

on...

W. MC Houston, Gort, Prot, Melb,

FIACCHT

Ve

MANNION

JUDGMENT OF THE COURT DELIVERED BY DIXON CoJe

CORAM: DIXON C.J. - McTIERNAN J KITTO Je

FIACCHI

Ve

MANNION

DIXON C.J.: This is an appeal from a judgment for the plaintiff in an action for personal injuries suffered in a motor car collision caused by the defendant's negligence.

The appeal is on the ground that negligence on the part of the defendant causing the accident ought not to have been found; on the further ground that the apportionment of blame between the plaintiff and the defendant was too favourable to the plaintiff; and on the still further ground that the amount of damages awarded was excessive.

The accident occurred near Barmera on 27th July 1955 and the trial took place five years afterwards. The action was tried by Mr. Justice Ross.

The plaintiff was a pedestrian, seventy years of age at the time he suffered his injury. He lived in Loveday Road, which goes south from the Sturt Highway, and he lived three- quarters of a mile down the street, We are told that he lived on the eastern side of the street but as the street curves he might nevertheless cross to the west in order to proceed in a direct line by the shortest route.

On the evening of the 27th July, at about 7.15 pom, he was walking in a westerly direction along the Sturt Highway and approaching the intersection of Loveday Road, the opposite side of which is called Barmera Road, to cross the Sturt Highway and go to his home. It is possible that he crossed diagonally, but that,

I think, is not very clearly made out. The width of the bitumen was only twenty-four feet. As he was about to cross he saw the defendant's car travelling in an easterly direction and he made an