SACHSE AND ANOTHER V. BROWN

IN THE HIGH COURT OF AUSTF "LIA

v.

ORIGINAL

REASONS FOR JUDGMENT

Judgment delivered at.

'OBER _ 196!

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SACHSE_AND_ ANOTHER

Ve

BROWN

ORDER

Appeal dismissed with costs.

SACHSE AND ANOTHER

Ve

BROWN

JUDGMENT BARWICK C.J.

SACHSE AND ANOTHER Ve

BROWN

The appellants appeal to this Court against the judgment of the Supreme Court of Western Australia finding the appellants and the deceased husband of the respondent each guilty of negligence contributing to the death of the deceased and apportioning responsibility therefor equally between theme

The appellants submit, in the first place, that they were not guilty of any negligence causally related to the death of the deceased and, in the second place, that if they were, their responsibility was much less than that of the deceased himself so that they ought not to bear so high a proportion of the damages as fifty per cents

The facts of the matter are extremely simple and almost without dispute. The appellant Sachse was the manager of a motor garage and petrol service station at Onslow owned by the appellant Clark. Part of the equipment of the garage was a welding plant which was capable of operating independently as an alternator generating electricity at a voltage of 240 volts. The garage was wired for electricity both for lighting and for use of electric power in its equipment, including its petrol pumps. There was a power supply to the town which at the relevant time was under repair by the Public Works Department of the State. It was necessary that the town power supply should be interrupted from time to time to enable this work to be donee To avoid the inconvenience of being without power in the garage and service station during these interruptions the appellant Sachse arranged

with the deceased Brown to effect a temporary installation