High Court of Australia
'Wo. fo of Whe Bae. [3
WoT Slo" To *
IN THE HIGH COURT OF AUSTRALIA
SKINNER
Vo
JOHNS AND WAYGOOD LIMITED
Vz
REASONS FOR JUDGMENT
Judgment delivered at_M&lBOURNE
WM Houstoo, Gort, Print, Meib,
al
F. SKINNER
Ve
JOVO_BARAC AND JOHNS AND WAYGOOD LTD.
ORDER
Appeal allowed with costs, Discharge the judgment of the Supreme Court against the appellant and enter judgment for the said appellant with costs,
JOHNS AND WAYGOOD LTD.
Ve
JOVO_BARAC AND F. SKINNER
ORDER
Appeal allowed with costs. Discharge the judgment of the Supreme Court against the appellant and enter judgment for the said appellant with costs,
JUDGMENT.
SKINNER
Ve
BARAC AND ANOTHER .
JOHNS & WAYGOOD LTD.
Ve
BARAC AND THER
DIXON C.J. AR Je
SINNER Ve
BARAC AND ANOTHER
JOHNS & WAYGOOD LTD.
Ve
C_AND _ANO'
We have to consider two appeals against a judgment of the Supreme Court of Victoria given in an action tried by Monahan J. without a jury. In that action Jovo Barac sued two defendants, F. Skinner and Johns & Waygood Ltd., for damages for personal injuries alleggi to have been sustained by him through the negligence of servants of one or both of the defendants. The defences denied negligence and alleged con- tributory negligence. Monahan J. found both issues in favour of the plaintiff, and assessed damages at £7043. He apportioned responsibility as between the two defendants in the ratio of 80% to Skinner, and 20% to Johns & Waygood. Both defendants appeal as of right to this Court. Each attacks the learned judge's finding of negligence, and the defendant Skinner attacks the apportionment of the damages.
The accident which caused the plaintiff's injuries occurred early in the afternoon of 23rd December 1956 at premises occupied by the defendant company at Sandringham.
The plaintiff was employed by the company as a labourer, and he was at the time engaged, with another exployee named Higgins, in unloading by means of a crane a truck, which had brought from a wharf in Melbourne a load consisting of certain steel girders or joists and certain channel iron. The plaintiff was up on
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