Field v Commissioner for Railways (NSW) [1957] HCA 92

High Court of Australia Dixon C.J. McTiernan, Webb, Kitto and Taylor JJ. Field v Commissioner for Railways (NSW) [1957] HCA 92

ORDER Appeal dismissed with costs.

Cur. adv. vult.

The following written judgments were delivered:—

Dec. 19 Dixon C.J., Webb, Kitto and Taylor JJ.

This appeal is brought by the plaintiff in an action against the Commissioner for Railways for New South Wales, who is the respondent, for the recovery of damages for personal injuries sustained through falling as he was alighting from a train in which he was a passenger. The action was tried before Brereton J. in Sydney from 24th to 27th April 1956. The jury returned a verdict for the defendant. The plaintiff applied to the Full Court of the Supreme Court for a new trial on grounds which included wrongful admission of evidence and misdirection. The application was refused and it is from the order dismissing the motion for a new trial that the present appeal is brought by the plaintiff.

The accident occurred on Sunday 4th January 1953. At that time the plaintiff was a man of fifty-three years of age. He lived at a small township called Daroobalgie, situated some fifteen miles from Parkes on the railway line to Forbes. There is an unattended railway station at Daroobalgie. The plaintiff left Sydney on Saturday, 3rd January, by train. As the train did not always stop at this siding on a Sunday morning, the plaintiff informed the guard at Parkes that he wished to alight there. The guard however said that in any case it would stop. The train consisted of four vehicles and the plaintiff rode in the last before the guard's van. According to the plaintiff's story, when the train arrived at Daroobalgie it pulled up with the carriage in which he was riding not opposite the platform. Two intending passengers got into the carriage next the engine. The train then moved on and the last carriage, that in which the plaintiff had ridden, stopped opposite the platform. A passenger intending to alight then got out of the carriage and the plaintiff followed him. The plaintiff said that he had his leg off the step, that is, one leg in the air, his bag in his right hand, and that just as he was about to leave the train, the train started. He said that he fell on the platform and rolled down the incline, namely, the ramp at the end of the platform.