High Court of Australia
33 C.L.R.] OF AUSTRALIA. 273
[HIGH COURT OF AUSTRALIA} BOND 3 B 3 : . i 3 APPELLANT ; PLAINTIFF,
AND
THE SOUTH AUSTRALIAN RAILWAYS COMMISSIONER DEFENDANT,
| RESPONDENT.
ON APPEAL FROM THE SUPREME COURT OF SOUTH AUSTRALIA.
Negligence—Contributory negligence—Personal injuries—Dangerous condition of H- ©. oF A. premises—Duty of invitor to invitee — Railway station—Unlighted platform — 1923. Knowledge of invitee of danger—Evidence. Nee?
ADELAIDE,
The plaintiff went on business to the defendant's railway station, which Oct. 2, 3 nearly dark, and the station
he had before visited on several occasions. It w lamps were not lit, as they should have been. Having completed his business, the plaintift went along the platform towards the exit from the station, as a prudent man might in the circumstances properly do, and, without knowingit, Knox €., got too near the edge and fell off the platform, wherehy he was injured. In '*#A¢3, Higgins, an action by the plaintiff to recover damages for the negligence of the defendant Starke JJ.
Mexzouryr, Nov. 7.
in omitting to light the station, Held, that the plaintifi's prior knowledge of the station did not prevent him
from recovering.
Indermaur v. Dames, (1866) L.R. 1 C.P., 274; (1867) L.R. 2 C.P., 311; London, Tilbury and Southend Railway v. Paterson, (1913) 29 T.L.R., 413 ; Mersey Docks and Harbour Board v. Procter, (1923) A.C., 253 ; Cavalier v. Pope, (1906) A.C., 428; Norman v. Great Western Railway Co., (1915) 1 K.B., 584; Brackley v. Midland Railway, (1916) 85 L.J. K.B., 1596 ; South Australian Co. v. Richardson, (1915) 20 C.L.R., 181, discussed.
Decision of the Supreme Court of South Australia (Poole J.): Bond v. South Australian Railways Commissioner, (1923) $.A.8.R., 205, reversed.
274 HIGH COURT
H.C. or A. Appear from the Supreme Court of South Australia. ea An action was brought in the Supreme Court by Barnabas Mayst
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