High Court of Australia
Cons Cons,
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: ;
Appl Appl.
Re Musoline AP rtusotino gos? Gos) 138 ASK 37 CrimR 488
63 C.L.R.] OSTRALIA. 533,
(HIGH COURT OF AUSTRALIA.)
PIDDINGTON . ' 3 i : - . APPELLANT ; PLarntirFr,
AND
BENNETT AND WOOD PROPRIETARY LIMITED
DEFENDANT,
_ }Resrospes
ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.
Evidence—Relevancy—Explanation of witness' presence at scene of accident—Cross- H.C, or A. examination—Evidence in contradiction—New trial—Influence of inadmissible 1939-1940.
evidence on verdict. << SyDNEY, In an action for negligence which arose out of an accident in a public street, 1939,
a witness for the plaintiff stated that he was in the street and saw the accident, Woy, 21-24, which he described. In the course of cross-examination he asserted that
he had been doing a message for one J. at a bank which was distant a block aren or two from the scene of the accident. 'The bank manager, who was called 10» eb. 23.
by the defendant, said that there had not been any operation on J.'s account
on the day of the accident, and he produced an authenticated copy of the Latham CJ., Starke, Dixon, account in support of his statement. The jury returned a verdict for the " Evatt and
defendant. 'McTiernan JJ.
Held, by Dixon, Evatt and McTiernan JJ. (Latham C.J. and Starke J. dis- senting), that the bank manager's evidence was inadmissible and the mis- reception of the evidence could not be treated as an immaterial error
not reasonably capable of affecting the verdict of the jury; therefore a new trial should be granted.
Decision of the Supreme Court of New South Wales (Full Court) reversed. Appear from the Supreme Court of New South Wales.
Albert Bathurst Piddington was on 11th April 1938 knocked down in Phillip Street, Sydney, by a motor cycle and side-car driven
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