CONNELL V. RAKOS AND BOWIE

IN THE HIGH COURT OF AUSTRALIA

RAKOS..AND..ANOTHER.

ORIGINAL

REASONS FOR JUDGMENT

| Judgment delivered at__SYDNEY_- on_FRIDAY,..14th MAY. 1962. :

WY, M, Moaston, Gort, Prist., Melb,

BaKOS AND BOWLE ORDER

Verdict and judgment for the plaintiff for £11,848 against the defendant Rakose The defendant Rakos to pay the plaintiff's costs including the reserved costs of the interlocutory proceedingse

Verdict and judgment in favour of the defendant Bowlee The defendant Rakos to pay the costs of the defendant Bowie.

CONNELL,

Ve

CONNELL

ve

The plaintiff, a resident of Queensland, seeks to recover damages from the defendants, who reside in New South Wales, for personal injuries suffered by him in an accident which occurred about 1 pem. on Sunday, 2nd August 1959, when a car driven by the defendant Rakos and a car driven by the defendant Bowie came into collision at the intersection of Grafton and Vernon Streets, Woollahra. The plaintiff was a passenger in Bowie's car and was sitting on the near side of the front seat. Each of the streets is about 30 feet wide, Grafton Street running east and west and Vernon Street north and south. In Vernon Street, a few feet back from its intersection with Grafton Street, there are two "Stop" signs, one facing north on the northern side of the intersection, the other facing south on the southern side of the intersection. In other words, all traffic going along Vernon Street in either direction is required to stop before entering upon the crossing of Grafton Street. On the occasion in question Bowie's car was being driven at about 20 miles per hour along Grafton Street in a westerly direction. It had just entered the intersection when Rakos' car came out of Vernon Street, going south, and the cars collided at a point about the centre of the intersection and slightly to the south of the centre line of Grafton Street. In his evidence the defendant Rakos frankly admitted that he had been in a hurry to get home to get ready to go to work and that he had not stopped his car before beginning to cross Grafton Street. He said that as he approached the crossing he slowed his speed