Municipal Tramways Trust v Buckley [1912] HCA 39

~WOLR) OF AUSTRALIA. 731

{HIGH COURT OF AUSTRALIA.]

THE MUNICIPAL TRAMWAYS TRUST . APPELLANT: DEFENDANTS, AND BUCKLEY . z 5 2 . ' i . RESPONDENT. PLAINTIFF,

ON APPEAL FROM THE SUPREME COURT OF SOUTH AUSTRALIA.

Negligence—Contributory negligence—Bvidence,

'The plaintiff's husband at about 10.30 p.m. on a dark, windy and rainy H.C. or A. night was driving a heavy waggon drawn by four horses along a country road 1912. near Adelaide, on which was a tramway. The wheels on the off-side of the ~ waggon were between the tram rails, An electric tramear driven by a ADELAtDE, servant of the defendants at the rate of about 20 miles an hour coming up June 6, 7. behind the waggon struck and overturned it and the plaintiff's husband was | —— killed. 'The driver of the tramear gave no warning of the approach of the —Tarton and" car. In an action by the plaintiff against the defendants, poy

Holi, that there was evidence of negligence on the part of the defendants* servants.

Held, also, that, assuming there was contributory negligence on the part of the plaintiff's husband which continued up to the time of the accident, there was evidence upon which a jury might find that the driver of the tramcar could, with ordinary care and diligence and notwithstanding that contribu- tory negligence, have avoided the accident.

Decision of the Supreme Court of South Australia affirmed.

AppraL from the Supreme Court of South Australia.

An action was brought in the Supreme Court by Isabella Amelia Buckley, administratrix of the estate of her husband George Alfred Buckley, deceased, against the Municipal Tram-

H.C. or A.

1912. —

Mounrcrpan 'Tramways Trust v Bucxtey.

HIGH COURT p92.

ways Trust, to recover damages in respect of the death of intestate which she alleged was caused by the negligence of the defendants' servants. The defendants by their defence denied the negligence and alleged contributory negligence.