Commissioner for Railways (NSW) v Young [1962] HCA 2

High Court of Australia Dixon C.J. Kitto, Taylor, Menzies and Windeyer JJ. Commissioner for Railways (NSW) v Young [1962] HCA 2

ORDER Appeal dismissed with costs.

Cur. adv. vult.

The following written judgments were delivered:—

1962, Feb. 9 Dixon C.J.

This appeal is brought as of right by the Commissioner for Railways for New South Wales. The Commissioner complains of a judgment or order of the Supreme Court of New South Wales dismissing an appeal by the Commissioner from a verdict for £5,365 recovered by the respondent in an action under the Compensation to Relatives Act, 1897-1953 N.S.W.. The respondent is a widow whose husband was killed in an accident on 21st September 1956. The accident occurred at the Town Hall railway station at 6 p.m. or shortly afterwards as the deceased was attempting to board an outgoing train southbound from No. 2 platform.

No complaint was made by the Commissioner of the amount at which the damages were assessed. His complaint is that at the trial certain evidence he tendered touching the sobriety of the deceased was rejected. That means that he sought a new trial upon a ground affecting liability only. In the Supreme Court, however, his contention failed that the verdict was vitiated by the wrongful rejection of some of his evidence. Hence this appeal.

The widow's declaration was framed in negligence in and about the care, control and management of the railway premises, a train and carriages, so that the deceased whilst attempting to board the said train and carriages was thrown down whereby he was wounded and injured and afterwards died. The particulars said that the deceased received the injuries from which he died when he fell whilst attempting to board an electric train. Unfortunately it is necessary to give a somewhat full account of the circumstances of the accident as well as of the evidence bearing upon it. Without such an account the points on which the decision turns cannot readily be disposed of. They are not all points that have any general importance to command attention.