THE MUNICIPAL TRAMWAYS TRUST V. THE FIRE BRIGADES BOARD

Sor 1950-10 2 IN THE HIGH COURT OF AUSTRIA. |

cis aman An Rt ci

REASONS FOR JUDGMENT. Judgment delivered at. RAL a Ah OM nn Ret G8 f

JUDGMENT.

THE MUNICIPAL TRAMWAYS TRUST

ve

THE FIRE BRIGADES BOARD.

NT.

THE MUNICIPAL TRAMWAYS TRUST

THE FIRE BRIGADES BOARD

DIXON J. WILLIAMS J.

KITTO J.

This is an appeal from an order of the Supreme Court of South Australia (Napier C.J.), allowing an appeal from a judgment of the Local Court of Adelaide. The judgment of the Local Court was given in an action of negligence and was for the defendant. By the order under appeal the Supreme Court set aside that judgment and entered judgment for the plaintiff for the sum of £396:0:5 with costs.

The action arose out of a collision which took place on the morning of 22nd October 1948. The colliding vehicles were a fire reel of the respondent Board, which was the plaintiff in the action, and a tram car belonging to the appellant Trust. The fire reel was a motor-driven appliance which apparently included two fire extinguishers, an extension ladder and some other equipment. The accident took place in Kensington Road where it is intersected by George Street and the continuation of George Street under the name of Giles Street. The fire reel, which was manned by two men, one driving and the other sitting on his left, was on its way to a fire, and, having emerged from George Street, was erossing Kensington Road in a southerly direction. The tram car was travelling on the other side of Kensington Road in a westerly direction towards the city. The vehicles met in the middle of the intersection. The fire reel was nineteen feet in length and was hit on the left-hand side rear mudguard, a distance uncertainly estimated as not less than 3 feet or more than 6 feet from its rear bumper bar. It was overturned. The action was brought to