Caledonian Collieries Ltd v Speirs [1957] HCA 14

Mivgee — Disr 22 ALR 23 Beis gire Boreroy Sipe

eH RD ne Brey aes (Be {ian Ea ty Gore (1999) 73 UGERA 117 ALIR 1359" 202 HIGH COURT (1956-1957.

(HIGH COURT OF AUSTRALIA.J

CALEDONIAN COLLIERIES LIMITED — . . APPELLANT ; Derenpant, AND SPEIRS 5 ' A ° 5 ' i . Responpenr.

PLaIntirr,

ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.

H.C. or A. Negligence—Personal injuries—Railway trucks—Level crossing—Accident—Lia-

1956-1957. bility—Duty of care—Consequences—Remedics—Reasonably foresceable— Novus ve actus interveniens—Conduct of third party—Foreseeable—Probable consequences Sypyry, —Causation—Principles. 1956,

C. owned, operated and exclusively controlled a private railway line of some

see miles in length, running from its Waratah Colliery to the Port of Newcastle, constructed by its predecessor and maintained under a private statute. 'The

1957, railway passed through a densely populated area, and over five roads and a Mar. 21. main railway line, by level crossings. One of the level crossings was at L.

Road where there was practically continuous road traffic. In 1936, under

Dixon C

MeTiernan, provisions of the private statute, a siding was constructed to join C.'s railway Kitto and line at a point about two miles from the crossing at L. Road. The siding Taylor JJ.

served the Crofton Colliery operated by F. and had a slight but continuous down grade to its junction with C.'s line which from that point fell in a con- tinuous and steeper grade down to L. Road. From the crossing at L. Road, ded for about one mile to where it crossed the main railway

C.'s line proce line, and thence to the port. F. used to hire trucks from C. for use on the siding, C. delivering the trucks to the top of the siding by means of a loco- motive, F.'s employees used to move the trucks along the siding by manpower and gravity, for loading and arranging trains, using manually operated brakes