Neill v NSW Fresh Food & Ice Co Pty Ltd [1963] HCA 4

High Court of Australia Dixon C.J. McTiernan, Kitto, Taylor and Owen JJ. Neill v NSW Fresh Food & Ice Co Pty Ltd [1963] HCA 4

ORDER Appeal dismissed with costs.

Cur. adv. vult.

The following written judgments were delivered:—

1963, March 7 Dixon C.J.

In my opinion this appeal should be dismissed with costs. The burden of establishing that the plaintiff appellant suffered the injuries of which he complained through the negligence of his employers or someone for whose acts or omissions they were answerable rested upon the plaintiff who now appeals. In my opinion the evidence laid before the jury disclosed no ground which could reasonably support a finding that any such negligence had occurred or existed. In effect the plaintiff says that he was injured at work, he slipped where it was slippery and where it could not but be slippery, something ought to have been done to prevent his hurting himself by slipping and it was for the jury to say what. Of course they did not say what; they simply said that the defendant must pay damages. The suggestions of possible items of negligence made in support of the plaintiff's case do not appear to me to be tenable. Neither by direct evidence nor reasonable inference did it appear that any course could be taken to protect the plaintiff from the danger in his task consistent with the full accomplishment of its evident purpose—namely, the complete removal by cleaning of possible sources of bacterial growth. It must be remembered that the danger from which he claims that he should have been protected was that of injuring himself by slipping while crouching in a confined cylinder, not, so one would think a priori, an extreme risk of any fearful consequence. And evidence was not led to establish any high degree of risk or of danger.

In my opinion nothing appeared and nothing was proved which would support the verdict of the jury.