COSTIN V. KAURI TIMBER COMPANY LIMITED 40/1960

'W. M. Houston, Govt. Print... Melb,

No. 40 [166 Ca ORIGINA 0

IN THE HIGH COURT OF AUs.RALIA

KAURI TIMBER COMPANY LIMITED. -

REASONS FOR JUDGMENT

Judgment delivered at... SYDNEY... on...FRIDAY,..25th. AUGUST. 1.9610

gosrin Ve

KAURI TIMBER COMPANY LIMITED

Allow appeal with costs. Discharge the order of the Full Court of the Supreme Court. In lieu thereof order that the appeal to the said Full Court be dismissed with costs and order that the verdict of the jury and the judgment of Adam J. be restored.

°

JUDGMENT

KAURI TU

COsTIN Ve

COMPANY LIMITED

DIXON C.J.

KITTO Je

MENZIES J.

COSTIN

Ve

KAURI_ TIMBER COMPANY LIMITED

This appeal arises out of an incident at a country saw-mill, in which an employee who was taking part in the rolling of logs was crushed by a log and injured. He sued his employer for damages, alleging that the accident was due to a failure by, the employer to take reasonable care for the safety of his employees. The alleged failure was related by means of particulars to unsafety in the place of work. The defendant denied negligence and alleged contributory negligence on the part of the plaintiff.

The action, which was brought in the Supreme Court of Victoria, was tried before Adam J. and a jury.

The jury returned a verdict for the plaintiff for *5,753.

In answer to specific questions left to them by the presiding judge, they found that the defendant was guilty of negligence which caused or contributed to the plaintiff's injuries,

and that the plaintiff's injuries were not in part caused

by his own negligence. The learned judge, rejecting a motion that judgment be entered for the defendant on the ground that the verdict was not supportable on the evidence, ordered judgment to be entered for the plaintiff. An appeal was taken to the Full Court of the Supreme Court, in respect both of liability and of damages. Herring C.J. and Dean J. considered that the appeal as to liability should succeed