Alldridge v Mulcahy [1950] HCA 31

High Court of Australia McTiernan, Webb and Kitto JJ. Alldridge v Mulcahy [1950] HCA 31

ORDER Appeal allowed with costs. Judgment of Supreme Court set aside and in lieu thereof judgment for plaintiff for £842 16s. 0d. with costs.

Cur. adv. vult.

The following written judgments were delivered:—

Aug. 30 McTiernan J.

This appeal is made against a judgment dismissing an action for negligence in which the plaintiff sued the defendants for damages for personal injury which he suffered in consequence of a collision with a motor car driven by the defendant, Thomas Mulcahey and owned by the other defendant. The issues in the case were whether the injury was due to the driver's negligence, or to the plaintiff's negligence; or, if the former, whether the plaintiff was guilty of contributory negligence. Matthews J., who tried the case without a jury, found both of them to blame and that the injury was caused by their combined negligence.

The learned trial judge made findings showing how the accident happened and the particulars of the negligence of which he decided that the plaintiff and the driver were guilty. It is necessary to refer to a number of facts and circumstances of which evidence was given in order to explain the findings.

The collision occurred in Wood Street, Warwick, between Dragon and Guy Streets, shortly after seven o'clock on an evening. Wood Street is one of the main streets of the town: it is straight and level and has street lights: the frontages are occupied by homes, business premises and a church and a hall.

The plaintiff, who was sixty-five years of age, lived at the corner of Wood and Dragon Streets. The driver was also a resident of Warwick. When the accident occurred the intended destination of both of them was St. Mary's Church, which is at the corner of Wood Street and Palmerin Street, the next street after Guy Street.