Municipal Tramways Trust v Stephens [1912] HCA 46

los HIGH COURT (1912

(HIGH COURT OF AUSTRALIA.]

MUNICIPAL TRAMWAYS TRUST. . APPELLANTS; —

DEFENDANTS, AND STEPHENS 6 ci 5 fi ° 2 . RESPONDENT. PLAINTIFF,

ON APPEAL FROM THE SUPREME COURT OF SOUTH AUSTRALIA.

Negligence—Maintenance and repair of highway—Breach of Statutory duty— Liability for non-feasance—Municipal Tramways Prust Act 1906 (S.A.) (No. — 913), sec. 54.

ab oie & By sec. 54 of the Municipal Tramways Trust Act 1906 (S.A.) it is provided | 2 that the Municipal Tramways 'Trust "shall, at its own expense at all times, Anatuor, Keep in good condition and repair, with such materials and in-such manner as

the road authority shall direct, and to its satisfaction, so much of any road

June 4, 5, 6. < ae , é whereon any tramway belonging to the T'rust is laid as lies between the rails

Mernournr, of the tramway . . . and so much of the road as extends 18 inches beyond June 21, the rails on each side of such tramway." Griffith ©.3., Held, by Grifith C.J. and Barton J. (Isaacs J. dissenting), that the section Barton and A Pes ", . eee . rn imposes a positive duty on the Trust to keep in good condition and repair so

much of the roadway as is mentioned in the section, notwithstanding that no direction has been given by the road authority to do the work or as to the materials with or the manner in which the work was to be done, and that an action by a member of the public lies against the Trust for injuries caused by a breach of that positive duty.

Held, also, by the Court (Isaacs J. doubting whether there is any liability — for non-feasance), that the Trust was liable for a non-repair amounting to a breach of the statutory duty.

Decision of the Supreme Court of South Australia: Municipal Tramways Trust v. Stephens, (1911) 8.A.L.R., 40, affirmed.

AppraL from the Supreme Court of South Australia.