DOWNS V. EDGECOCK (AN INFANT BY HIS NEXT FRIEND, THOMAS EDGECOCK)
High Court of Australia
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DOWNS
ve
EDGECOCK (AN INFANT BY HIS NEXT
FRIEND, THOMAS EDGECOCK
JUDGMENT
CORAL)
WALSH J.
DOWNS
Ve
EDGECOCK (AN INFANT BY HIS NEXT
FRIEND, THOMAS EDGECOCK
It appears to me that the arguments submitted
to this Court on behalf of the appellant are arguments which
might well have been addressed - and very likely were
addressed - to the learned trial judge to persuade him that
he ought not to find negligence on the part of Mr. Brooks.
In my opinion, it has not been shown that
there was no evidence upon which the learned trial judge
could reasonably make that finding.
Quite apart from any risk that may have
existed that the boys might do injury to each other through
ill will or spite or through sheer mischief, the finding
was open, in my opinion, in the circumstances of the case,
that there was a risk, against which in fact adequate
precautions were not taken, that through negligence, including
youthful heedlessness and lack of prudence, one boy might
injure the other through contact with the unguarded mower,
which was an implement capable, if a mishap did occur, of
' inflicting serious injury. In those circumstances, I am
of the opinion that the appeal fails.
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