WESTERN ASSURANCE COMPANY V. CSINTALAN

0.12980/45

HL B Day, Gor. Print, Meth

IN THE HIGH COURT OF AUSTR4LIA

CSINTALAN.

REASONS FOR JUDGMENT

Judgment delivered at. — . MONDAY, 6th December, 1948,

ERN_AS: NCE COMPA.

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ORDER.

Appeal dismissed with costs.

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REASONS FOR JUDGMENT. LATHAT C.Je

fs) S' ICE CO!

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EASONS FOR JUDGMENT . LATHAM Cede

This is an appeal from the Full Court of the Supreme Court of New South Wales refusing an application for a new trial in an action in which Frank William Csintalan was the plaintiff and the Western Assurance Company the defendant. The plaintiff claimed damages for injuries alleged to be caused by the negligence of one Henderson. The company was sued as the insurer of Henderson under the provisions of the Motor Vehicles (Third Party Insurance) Act 1942, sec. 15(2), Henderson having been killed in the accident upon which the plaintiff based his claim. The learned trial juige, Owen J., was of opinion that the evidence for the plaintiff was very meagre, but he allowed the case to go to the jury. The Full Court was of opinion that the case was very close to the border, but with some hesitation it was held tmt there was sufficient evidence to justify an inference on the part of the jury that it was more probable than not that some negligence on the part of the deceased Henderson either caused or substantially contributed to the accident which injured the plaintiff. The Full Court was also of opinion that the verdict was not so much against the weight of evidence as to justify interference with it.

The plaintiff gave evidence wee ar ome. ME conte had met at the Como Hotel, where he had six or seven small glasses of peer during a period of about three hours. Henderson was in the party. Henderson left the hotel before the plaintiff. They both rodé motor cycles. The plaintiff said that he.left the hotel about