SA Railways Commissioner v Riggs [1951] HCA 25

High Court of Australia McTiernan, Webb and Kitto JJ. SA Railways Commissioner v Riggs [1951] HCA 25

ORDER Appeal allowed with costs. Judgment of the Supreme Court (Mayo J.) set aside. In lieu thereof judgment for the defendant in the action with costs.

Cur. adv. vult.

The following written judgments were delivered:—

May 11 McTiernan J.

This was an action brought against the South Australian Railway Commissioner by the executors of the will of Albert Henry Riggs deceased, who had been a landholder in the district of Gawler. On 22nd January 1948, two days before his death, his property sustained damage by fire. In the action the plaintiffs alleged that the damage was occasioned by a wrongful act of the commissioner and that he was responsible for the damage. The action was tried by Mayo J. without a jury. A question arose as to the cause of action pleaded by the statement of claim. It was held to be an action of negligence. The action was dealt with on that basis. The commissioner was adjudged to be responsible for the damage by reason of the negligence of his servants. The reasons for the conclusion are directed particularly at the persons stationed in the train control room at the Adelaide Railway Station. Judgment was given in favour of the plaintiffs for damages to be assessed. Leave was given under s. 35 of the Judiciary Act 1903-1948 to the commissioner to appeal to this Court. The ground of the appeal is that the plaintiffs failed to establish negligence on the part of the commissioner or his servants.

It appears that the property occupied by Mr. Riggs is in the vicinity of the railway line that runs from Adelaide to Gladstone. The plaintiffs alleged that the fire was caused by sparks emitted from the funnel of the locomotive engine, S 50, which drew the Gladstone-Adelaide train. This allegation was denied. The finding on the issue was for the plaintiffs. The locality where the fire started was about a mile from the Gawler railway station towards Adelaide.