High Court of Australia
H.C. or A. 1940. we
ADELAIDE,
Sept. 20, 23, 24.
MELBOURNE, Dec. 19.
Rich A.C.J., Starke, Dixon and MeTiernan JJ.
HIGH COURT, [1940,
(HIGH COURT OF AUSTRALIA.)
ADELAIDE CHEMICAL AND FERTILIZER ae i COMPANY LIMITED ' PPELLANT ;
DEFENDANT,
AND
CARLYLE. SS $ "4 ' 5 5 . Responpent. PLAINTIFF,
ON APPEAL FROM THE SUPREME COURT OF SOUTH AUSTRALIA.
Negligence—Dangerous fluid—Sulphuric acid—Supply in earthenware container— Breakage—Suitability of container—Injury to person taking delivery—Claim under Lord Campbell's Act—Dependants—Widow and child—Claim on behalf of widow only—Wrongs Act 1936 (S.A.) (No, 2267), Part IT.
Evidence—Admissibility—Res gesta.
A company which manufactured and supplied sulphuric acid was accustomed to supply the acid in earthenware jars. These jars were manufactured and supplied to the company by a reputable firm of manufacturers and were tested by the manufacturers and by the company. The jars were in general use as containers for sulphuric acid, and the company had used large numbers with few breakages. Experiments showed that the jars, if filled with fluid of approximately the same weight as sulphuric acid, when tilted and allowed to fall some nine inches, invariably broke. The corrosive nature of the contents of the jars made them highly dangerous to persons handling them, if they were broken and the acid escaped. The company was accustomed to supply sulphuric acid in these containers to C.'s employers. As C. was attempting to lift one of the jays in order to move it from the company's delivery platform to his buckboard which was standing nearby, the jar broke. 'The contents were spilled over C., who immediately hastened inside the com- pany's building and began to wash the acid from his legs, His wile, who had been sitting in the buckboard, followed him and asked what had happened. He replied :—"'I took hold of the handle of the jar, tilted it slightly towards me, to get my other hand underneath, and the top of the jar seemed
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