High Court of Australia
0.19880/45
LE, Daw, Gor. Print, beib.
ROA7 ETFS 'CA
IN THE HIGH COURT OF AUSTRALIA
cae ORBAN
REASONS FOR JUDGMENT
Judgment delivered at.
HUGHES
DEEGAN
ORDER
Appeal dismissed with costs.
HUGHES ve DEEGAN
fl|
DIXON C.J.
WILLTAMS J. FULLAGAR J.
pen
HUGHES _v,__DEEGAN
: DIXON C.J. WILLTAMS J. EULLAGAR J.
This is an appeal by a defendant from a judgment given by the Supreme Court of Tasmania for the plaintiff in an action for damages for negligence causing personal injuries.
The judgment awarded the plaintiff £2,554.16.0 and costs. The defendant is a cartage contractor and the plaintiff was one of his drivers, The negligence of which the plaintiff complained is that of another driver employed by the defendant, named Nunn. In Tasmania the defence of common employment has been abolished by statute. No change has been made by legislation in the common law rule concerning contributory negligence as a defence to an action of negligence.
The case for the plaintiff is that as he was standing at night beside the lorry under his charge on the roadside where it had been drawn up he was negligently run down by the lorry driven by Nunn who drove past his vehicle on the right hand side of it.
The accident occurred on the night of 5th November 1948 on the road from Beauty Point to Launceston at a place about 150 yards on the Launceston side of the 01d Loira Post Office,
a@ roadside post office which is passed about three miles before Exeter on the journey to Launceston. Two lorries belonging to
the defendant left Beauty Point that day bound for Launceston. . They were loaded with cases of fruit. The plaintiff drove one
of them and Nunn drove the other. Each driver had with him a companion sitting beside him, The lorries' were large and of much the same dimensions, constructed with a cab and a flat tray for
the load, The plaintiff's vehicle was a little longer than Nunn's,
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