High Court of Australia
IN THE HIGH COURT OF AusTRAriA
BRITISH INSULATED CALLENDERS CABLES (AUSTRALIA) PTY. LIMITED AND ANOTHER
REASONS FOR JUDGMENT
ORIGINAL
Judgment delivered at__MBLBOURNE
on,. THURSDAY ,..6TH..JUNR,-1963.—
'A.C. Brooks, Government Printer, Melbourne ©.7630,60
BRITISH INSULATED CALLENDERS CABLE! Pry LIMITED AND ANOTHER
Appeal dismissed.
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BRITISH INSULATED ean CABLES (AUSTRAL{A)
JUDGMENT McTIERNAN J.
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BRITISH INSULATED CALLENDERS CABLES (AUSTRA: . LIMITED AND _AN(
In this case a pedestrian, the appellant, was injured by a motor-car which the respondent, Claxton, was driving. The appellant sued both respondents for damages. He alleged that Claxton caused the accident by negligent driving of the motor-car and that Claxton was then agent or servant of the respondent company, At the end of the appellant's case, Brereton J. held that there was no evidence of negligence against Claxton. A verdict by direction passed for the respondents. On appeal,
Hardie and Macfarlan JJ. agreed with Brereton J. Herron C.J. (then Acting Chief Justice) disagreed with him. The plaintiff appeals to this Court.
The accident happened while the appellant Was walking across Victoria Road, Gladesville. <« This is a six-lane highway and is sixty-six feet wide. The motor-car was travelling at the time the accident happened in the third lane from the south side of the road. It hit the appellant after he crossed in front of a motor truck which was travelling in the second lane. Both vehicles were travelling in the same direction. They came from the direction right of the appellant. The accident happened Barly at night. The locality in which it happened was well lighted: a street light was suspended over it from wires. The appellant began to walk across the road at its suth-west corner with Tennyson Road. He had worked overtime that night. His place of employment was a factory in Tennyson Road. The purpose for wiich he was walking across Victoria Road was to wait for a bus on the north side of the road.
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