Allen v Redding [1934] HCA 2

476 HIGH COURT

[HIGH COURT OF AUSTRALIA.]

ALLEN . e Q 4 és F ? ; . APPELLANT; PLAINTIFF, AND REDDING . i 4 m : . . REspoNDENT, DEFENDANT,

ON APPEAL FROM THE SUPREME COURT OF f VICTORIA. 2

H.C.orA, Negligence—Contributory negligence—Last chance doctrine—Running-down case—

1934, Pedestrian crossing road—Crossing in front of motor car at night—Error of judg- =! ment—Pedestrian not seen by motorist—Whether contributory negligence of Mexuourne, —_pedestrian. March 14. ql kee A pedestrian proposed to cross after dark a road having a width of 42 feet. ord Before crossing he paused and saw to his left a motor car approaching about 100 and MeTiernan _yardsaway. 'The pedestrian proceeded to cross the road with his back slightly

turned to the on-coming motorist. When he had got to the middle of the road he glanced at the motor car and judging that he had time to cross in front of it did not look at it again. He was struck by the left hand mudguard of the ear near to the far kerb of the road. Though he had passed through the beam of

the car lights the motorist did not see him until after he had been hit. "

Held, that these facts were sufficient to support findings that the motorist was guilty of negligence, that the pedestrian was not guilty of contributory negligence, and that, if he were, the motorist had the last opportunity of avoiding the accident.

Decision of the Supreme Court of Victoria (Full Court) reversed.

Apprat from the Supreme Court of Victoria.

Alfred Henry Allen brought an action in the County Court at Melbourne, against Allan F. C. Redding, claiming £499 damages for injuries sustained by reason of the alleged negligence of the defendant in driving his motor car in Hampton Street, Garden Vale, at about 7.45 p.m. on 9th March 1933, when the defendant's motor car collided with the plaintiff and injured him.