Lee Transport Co Limited v Watson [1940] HCA 27

e v 6 es WAY 280

REPORTS OF CASES

DETERMINED IN THE

HUGH COURT OF AUSTRALIA

(HIGH COURT OF AUSTRALIA.)

LEE TRANSPORT CO. LIMITED AND ANOTHER Derrenpants,

} APPELLANTS ;

AND

BUM ys a sw es a... REgPONDENT. PLAINTIFF,

ON APPEAL FROM THE SUPREME COURT OF SOUTH AUSTRALIA.

Negligence—Contributory negligence—Defendant's vehicle, standing at side of road, H.C. oy A. not adequately lighted—Collision with plaintiff's car—Plaintiff's "dilemma"— 1940, Speed—Sufficiency of look out. rater

ADELAIDE,

Damages—General damages—Inadequacy—Increase by appellate court. Sept. 20

The lighting system of a motor truck and trailer belonging to the defendant yy. 55cnwe, having failed, the driver drew the truck and trailer to the side of a country py), highway for the night, but made inadequate arrangements for lighting it. 'Tho plaintiff, driving his car at a considerable speed, hit the rear of the trailer. Rich, Starke,

Bee Were won evidenine ct testigwive cn the part of the defendant's Marteceen 13. driver, and (2) the plaintiff was not necessarily guilty of contributory negli- gence; the suggested dilemma, that either the plaintiff's speed was excessive having regard to the range of his head-lights or he kept an insuficient look out, 'was incomplete and did not establish contributory negligence. Accordingly, the judgment given in the plaintiff's favour by the trial judge should be upheld.

H.C. or A.

1940, —)

Lee 'TRANSPORT Co. Lap. v Watson.

HIGH COURT [194

W. was a medical practitioner who conducted a peal and surgical practio at a country town in South Australia. He was very severely injured in motor accident which was found to be due to the negligence of the defendants He spent some eight weeks in hospital, and he had to return there on many occasions for further treatment extending over a period of about eight month 'The treatment included six operations—some serious and painful. In addition to this pain there was severe pain for six weeks, and for months after that there was more or less pain. 'There was an injury to the nose which would permanently interfere with natural breathing and a permanent draco of an under eyelid which prevented the natural protection of the eye from and light. His facial appearance was much deteriorated, and his injuries