CLARK V. SOLOMONS AND SCOTT 11/1930

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—2 LARK v 8.0 4 i N_38 3.¢ 0 TT JUDGMENT

GAVAN DUFFY J.

RICH J. DIXON J.

Delwevesd 23,9. 030

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CLARKE v SOLOMONS & SCOTT

TUDGMIUENT

This is an appeal from the decision of Piper J. in an action brought by the appellant to recover damages for personal injuries caused by the negligence of the defendant Scott, in driving @ motor car as the servant of the defendant. Solomons. The action was tried without a jury and Piper J. entered judgment for the defendants. The evidence was cowflicting in respect of many of the circumstances of the accident, in particular in respect of the speed at which the defendants' car was travelling. But the learned

Judge found the following facts :- "The collision occurred about

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4.30 p.m. on 2nd April 1928 in Grenfell Street Adelaide, between the North side of the street and the safety zone north of the tram rails and about 100 feet Bast of King William Street. Defendant's car was going eastwards in a line of vehicles just released from Currie Street and the West side of King William Street. There were 2% least two motor cars ahead of it, and they and it were all proceeding at about I2 to I5 miles per hour. A few yards west of the place of the collision Plaintiff--who wished to get over to a tram car eastward bound--started with something of a rush to go in front of the first of the three cars,but he stepped back and moved along eastwards and the car passed him. Then he sprang to pass in front of the second car,it swerved a little to the north and passed behind him. When he found himself clear of it--having succeeded in his spurt in front of it--he eased his pace momentarily, and then sprang forward again not absolutely at right angles to the general

line of traffic,but turned somewhat towards the east and with the "coming traffic behind his right side. After the second car "passed him and just as he sprang back the last time,Defendant's