High Court of Australia
6.7168 /51
ud
Gonrley, Govt, Print, Merb.
pocertabetentese ay
IN THE HIGH COU Ln AUSTRALIA
MG fee aso
REASONS FOR JUDGMENT /—
Appeal allowed with costs. Discharge order of Full Court except so far as it dismissed the plaintiff's eross appeal with costs. Order that defendant's appeal to that
Court from judgment of Hanger J. be dismissed with costs. |
JUDGMENT
DUK
OENS.
DIXON C.J,
WEBB J, BULLAGAR J.
KITTO J, TAYLOR J.
DUK JOHNSON,
SUDGME DIXON Code
WEBB J. FULLAGAR J. KITTO J,
TAYLOR J.
This is an appeal from a judgment of the Supreme Court of Queensland (Full Court) which reversed a judgment of Hanger'J. The plaintiff Dux brought an action for damages for personal injuries suffered by him while riding as a passenger in a motor vehicle driven by the defendant Johnson. Hanger J. found that the vehicle had been negligently driven by the defendant and gave judgment for the plaintiff for damages in the amount of £1946. The defendant appealed to the Full Court, and there was a cross appeal by the plaintiff on the ground that the damages awarded were inadequate. The Full Court held that, while there might have been an error of judgment on the part of the defendant in his management of his vehicle, there was insufficient evidence to warrant a finding that he had been negligent. The judgment in favour of the plaintiff was accordingly set aside. From this judgment of the Full Court the plaintiff now appeals, seeking to have the judgment of Hanger J. restored on the question of liability, but asserting by his notice of appeal that the damages awarded were inadequate,
The circumstances of the accident were of a somewhat unusual character. The plaintiff with two other young men, named respectively Charles and Jeffery, set out to walk from Nambour to Caboolture, but after they had walked about two miles they were picked up by the defendant, who was driving his vehicle in the same direction. The vehicle was a Morris truck consisting of a driving cabin with a "table top" about ten feet long and six feet six inches
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