MACKAY & COMPANY V. BARKER

JUDGMENT (ORAL)

it

> MACKAY & YoMPaNy

ve

BARKER

DIXON J.

ra)

MACKAY & COMPANY

Ve BARKER JUDGMENT (0: . DIXON J.

This is an appeal from a judgment of Virtue J. The action was one in which the plaintiff sought damages for the negligence of the defendant's servant in driving a truck which carried some empty trays of soft drink bottles packed on the truck. The plaintiff drove a Ford caravan along Guildford Road and pulled up opposite the end of a tram loop. His purpose in pulling up was to visit a house opposite. He parked his vehicle on the south-easterly side of the road close to the kerb. The road runs north-east and_ south-west. There is a tramline upon the road which is upon the northerly side of the road, being a single line, but, as I have said, at this point there was a loop. The north-easterly end of the loop was almost at the point where the Ford caravan was parked. The date was 10th February and the hour was about nine-thirty in the evening. At that time a tram was travelling along the single line which ran upon the north-westerly side of the road and it was travelling away from Perth towards the north-east. At the same time the defendant's truck was travelling along the south-easterly side of the road in a south-westerly direction. The plaintiff alighted from his caravan with a view of crossing the road, but he observed the oncoming truck and he stood with his back to the caravan close up against ite He also observed the tram coming from the opposite direction. He said in his evidence that he appreciated the fact that the tram and the truck would pass one another at the point where his caravan was parked, that is, I assume, if they maintained their respective ~ courses and speeds. It is not quite clear at what speed the truck was proceeding at the time it hove into view, but it did diminish