High Court of Australia
19 C.L.R.) OF AUSTRALIA. 505
(HIGH COURT OF AUSTRALIA.]
THE CHIEF COMMISSIONER FOR RAIL | WAYS AND TRAMWAYS (NEW APPELLANT ; SOUTH WALES) . é sh DEFENDANT,
AND
BOYLSON F i : ; 7 P . RESPONDENT. PLAINTIFF,
ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.
Negligence—Railway—Level crossing—Neglect to look before crossing—Damages— H.C. or A. Fatal accident—Prospective loss—Evidence—Compensation to Relatives Act 1915, 1897 (V.S. 1.) (No. 31 of 1897), sec. 4. Rey
Sypyey,
A person who is injured while passing over a level crossing on a railway is yor y 7" g
not guilty of contributory negligence merely by reason of the fact that he did
not look before attempting to cross it, if, had he looked, he would have seen CeErs C.J., nothing which should have led him to think that it was unsafe to cross, Gavan Duffy tnd Rich J.
In an action under the Compensation to Relatives Act of 1897 (N.S.W.) to recover damages on behalf of a relative of a deceased person it is sufficient to prove a prospective pecuniary loss by that relative.
Taff Vale Railway Co. v. Jenkins, (1913) A.C., 1, followed.
Decision of the Supreme Court of New South Wales: Boylson v. Chief Commissioner for Railways, 14 8.R. (N.S. W.), 220, affirmed.
AppraL from the Supreme Court of New South Wales.
An action was brought in the Supreme Court by Francis Boylson, administrator of the estate of Mary Ann Boylson, deceased, on behalf of Eleanora May Boylson, May Boylson and Marcella Boylson, children of the deceased, against the Chief
Commissioner for Railways and Tramways of New South Wales VOL, XIX. 33
H. C. or A. 1915.
w Cuer Com- MISSIONER ror Ratt- WAYS AND
HIGH COURT [1915.
to recover damages in respect of the death of the deceased, which was alleged to have been caused by the negligence of the defendant.
The deceased was on 15th July 1913 a passenger by a down train from Sydney which arrived at Beecroft station about 6.30 pm. She alighted there, and while passing over a level crossing to the opposite side of the railway line was run down by an up train and killed.
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