High Court of Australia
20 C.L.R.] OF AUSTRALIA.
(HIGH COURT OF AUSTRALIA.]
THE SOUTH AUSTRALIAN COMPANY. APPELLANTS; DEFENDANTS,
RICHARDS' RESPONDENT.
PLAINTIFF,
ON APPEAL FROM THE SUPREME COURT OF SOUTH AUSTRALIA.
Negligence—Personal injuries—Dangerous coniition of premises—Duty of invitor— H.C. or A.
Danger apparent—Bvidence. 1915. ew 'The defendants were the owners of land on which were a wharf and 427 iy
stores, the means of access to the wharf and stores being a road constructed yy, 95 96, over the same land. Two lines of railway also belonging to the defendants 2. were laid down upon the road in such a position that it was necessary to cross them in going to and from the wharf, In some places the rails pro- jected to a dangerous extent above the surrounding surface. R. in the ordinary course of his employment was driving from the wharf a lorry drawn, 5c, o.3,, by five horses and heavily loaded with goods, and in doing so had occasion __ Isaacs and
Gavan Duffy JJ. to cross the lines of railway. 'While he was crossing one of the lines at a .
MecBourne, June 16.
place where they converged at au acute angle to a set of points, the wheels of the lorry skidded upon a projecting rail, and R. was thrown off the lorry and killed. In an action by the representative of R. against the defendants to recover damages on the ground of negligence, the trial Judge, at the con- clusion of the plaintiff's case, found that R. knew of the condition of the place, and entered judgment for the defendants,
Held, that there was evidence to warrant a finding that the place was not reasonably safe for the use which R. was invited by the defendants to make of it at the time when the accident occurred, and under the then existing circumstances of traffic, and a further finding that its condition was never- theless such as to warrant a reasonable person in thinking that, notwith- standing some apparent danger, the road could be safely used if due care were taken, and that the evidence given for the plaintiff did not show con- clusively that R. had, either by using the place at all or in the manner of his
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