High Court of Australia
eC.)
A ULEFE'§.... PTY)... LIMITE!
' REASONS FOR JUDGMENT
' of -
Judgment delivered at__SXYDNEY
WM Houston, Gort, Print, Metb,
ae nce eee
TODD Ve
JULEFF'S (PTY.) LIMITED
io
RDER
Appeal dismissed with costs.
lst May, 1961. QRAL JUDGMENT DELIVERED BY DIXON Code
CORAM: DIXON C.J.
TAYLOR. MENgies J. WINDEYER 3.
TODD Ve
JULEFF'S (PTY.) LIMITED
This is an appeal by the plaintiff from a decision of the Full Court of the Supreme Court of New South Wales.
By the order appealed from that Court entered judgment for the defendant, notwithstanding the verdict of the jury in favour of the plaintiff. The action was one of negligence for personal injuries; the accident giving rise to the personal injuries occurred in a foundry where heavy work was habitual. The accident occurred to an enployee, Todd, who was the plaintiff; he suffered injuries to his back, to the character of which I shall refer.
At the trial the case was presented in a very simple form. It appears that on the 25th July 1956 there were delivered at the factory by a lorry, three moulding machines which weighed about 6 to 8 cwt. each. They were removed from the lorry and they were eventually to be placed on a concrete bedding but it was not then opportune to place then in that position. They were therefore to be put at the back of the foundry and up-ended there, to remain pending the occasion when they should be put in their ultimate positions.
Their shape is described, but it is not very material to the accident. They were about six feet high.
They were placed, from the lorry, upon a pallet under which there could be slipped a trolley and they were taken to the
back of the factory by the trolley. It rested with the foreman, one Cosgrove, to give instructions as to their handling. He called upon two workmen, Todd, the plaintiff, and a workman named Fowler, to handle one machine and he instructed them to take it to the back of the factory and up-end it in the position which I have described. They took it there, rolled it off the
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate