TUCKER V. TUCKER & HAWKE

. Mf, Houston, Govt. Print. Med.

IN THE HIGH COURT OF AUSTRALIA

19)-

Judgment delivered at...3ydney...

on... Friday,.10th-August-1956.—

TUCKER Ve TUCKER ORDER

Appeal dismissed. The defendant appellant to pay the costs of the appeal of the plaintiff respondent and

of the third party respondent.

' TUCKER ' Ve TUCKER & HAWKE, | jc SUDGMENT DIXON C.3. | : WILLTAMS J. | FULLAGAR Je

TAYLOR J.

TUCKER Ve

TUCKER & HAWKE

the This is an appeal from a judgment of/Supreme Court

of South Australia (Reed J.) in an action for damages for personal injuries. The appellant was the defendant in the action. The first-named respondent was the plaintiff, and the second- named respondent was made a party by third party notice at the instance of the defendant.

Shortly before 6pm. on Sth May 1953 the second- named respondent, Hawke, driving a Singer utility, left Curramulka in South Australia with the intention of driving to his home at Port Julia, some twelve miles away. When he was about half a mile from Currmamulka, the engine of the vehicle broke down. At this place the roadway is approximately 34 feet wide: it consists of a metalled strip about 16 feet wide, with an unmetalled surface about 9 feet wide, on each side of the metalled portion. The whole of the 34 feet is "good usable surface". The roadway is bounded on each side by a low mound or bank, From the point where the plaintiff's engine failed there is a long straight stretch of road in the direction of Port Julia. Hawke (presumably by the failing power of his engine) turned his | vehicle completely round so as to face in the direction of Curramulka, and left it on the extreme left of the roadway with its near side right up against the bank. He then walked back to Curramulka for assistance. It was then almost dark, and before he returned it was quite dark, ™