YELLOW CABS (S.A.) LIMITED & ANOR V. SANDLAND

IN THE HIGH COURT OF AUSTRALIA.

~YELLOW..CABS..(S.A.).. LIMITED &ANOR.

_ SANDLAND

| REASONS FOR JUDGMENT.

Judgment delivered MELBOURNE...

HE J Green, Gort, Print, Melb. ort

YELLOW CABS (S.A) LIMITED & ANOR. . ve SANDLAND REASONS FOR JUDGHERT. TATHAM C.J. This is an appeal from a judgment of the Supreme Court of

South Australia in favour of the plaintiff in an action for damages

for negligence. The plaintiff was knocked down by a motor car \

driver (the defendant Schermex who was employed by the other

defendant - Yellow Cabs (S.A.) Ltd... The accident to the plaintif? happened on a <

dark might on a suburban road in Adelaide. The ordinary allegations

were made against the defendant of driving at an excessive speed H with an insufficiently Lighted vehicle, failure to look out and ' the like, There was no finding that the car was not sufficiently lighted. The findings of His Honour were that the plaintiff, who stepped off the footpath and was run into by the motor car, did look to his right before stepping: off the footpath but did not see the - } appreaching car and thought that it was safe to cross the road. But / f "that his look was not a proper one and that he should have seen the approaching car, and that he was negligent in failing to do so". Aceor@ingly there is an initial finding that the plaintiff stepped on to the road when a ear which was sufficiently lighted was approaching and that by reason of his own negligence he failed to

see thee car. His Honour of course need not necessarily have made that finding, but it is quite impossible for us to disturb a finding of that character, It substantially depends upon the learned trial judge"s opinion as to the éredibility of the plaintiff, 'then, His Honour proceeded, the plaintiff being guilty of negligence, the question was whether the defendant (the driver of the car) by the exereise of due care, could and should have avoided the consequences of the plaintiff's negligence.