MILICK V. DOHNT

IN THS HIGH COURT OF AUSTRALIA

Vv.

REASONS FOR JUDGMENT

ADELAIDE RecisTRy FILED

Judgment delivered at, Melbourne, |

Appeal dismissed with costs.

JUDGMENT

ICK

Vv.

DOHNT

DIXON J. 7 %

MILICK

v BOHNT DIXON J. JUDGMENT. WinLTals J. FULLaGan J.

This is an appeal by the plaintiff from a judgment of the Supreme Court of South Australia (Ligertwood J.) dismissing with costs an action brought by him claiming damages for injuries which he suffered in en accident which occurred while he was employed by the defendant loading logs on to the defendant's lorry for transport to the timber mills. The plaintiff claims that the injuries were due to the negligence of another employee of the defendant, his son Nathan Dohnt, or alternatively to the personal negligence of the defendent in failing to provide a safe system of working, safe equipmet, effective supervision of the loading and an experienced and skilled workman to operate the crane erected on the lorry and used to lift the logs from the ground on to the lorry.

The means employed to load the logs were partly manuel end partly mechanical. Three workmen were engaged, a

the plaintiff Nathan Dohnt

hooker-on, a loader/and the driver of the lorry. The mechanical means consisted of a winch-driven crane fixed to the floor of the lorry. The crane had an overheed jib which swung free and carried a cable running through two pulleys/at the near end and the other at the far end of the jib. The end of the cable was fitted with scissors which the hooker-on inserted in the log about its centre of gravity. The cable was wound on a revolving drum fitted in the floor of the cabin of the lorry. The drum was connected by means of a clutch to the power take-off of the engine of the lorry. The clutch was controlled by a wheel

turned by the driver's hand. When the clutch was engaged the