KRASTINS V. O'HANLON 25/1960

iN THE HIGH COURT OF AUSTRALIA

We ae J 1760

OLHANLON...

REASONS FOR JUDGMENT

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Judgment delivered at__Sydney . on_.....lWednesday,.15th November, 1961.

W. M. Houston, Gort, Print, Melb,

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KRASTINS

Ve

O'HANLON

Action dismissed with costs,

KRASTINS

Ve

eM IN

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The accident out of which this action arises took place at about 10.30 on the night of Christmas Day 1959 ata point in West Terrace, Adelaide, about 180 yards to the south of Currie Street. The plaintiff was attempting to cross West Terrace from a spot on the footpath a little to the south of Waymouth Street and had nearly reached the centre of the road, which was about 56 feet wide, when there was a collision between him and a motor car driven by the defendant in a southerly direction. The plaintiff suffered a left-side brain injury which caused paralysis on his right side and left him demented. There is no prospect of his recovery and he has not been able to give any account of what happened.

At the time of the accident the plaintiff was 34 years of age. He was active, in good health and, to mention a matter of possible significance later, about 5 feet 9 inches in height. He has, and had, a wife and two young children. He is a Latvian or Lithuanian who came to Australia with his wife and children in 1957. Both husband and wife were industrious and at the time of the accident were together earning between £35 and £40 per week = he £25 to £30 as a presser in a rubber factory; she £11/15/= at Balfours as a helper in the kitchen. They rented a home in Stephens Street and were gathering together furniture and household goods. There is little doubt that but for this untimely accident they would soon have established themselves comfortably in Australia.

The plaintiff and his family had spent the

afternoon and evening of Christmas Day with friends - earlier