Doonan v Beacham [1953] HCA 38

High Court of Australia Williams A.C.J. Webb, Fullagar, Kitto and Taylor JJ. Doonan v Beacham [1953] HCA 38

ORDER Appeal dismissed with costs.

Cur. adv. vult.

The following judgments were delivered:

June, 16 Williams A.C.J.

This is an appeal by the defendant, by leave of the Full Supreme Court of Victoria, from an order of that Court that the appeal of the plaintiff should be allowed, that the verdict of the jury and the judgment for the defendant should be set aside, and that there should be a new trial by a jury of the action.

The action was one brought by the plaintiff against the defendant for damages arising out of an accident which occurred at the intersection of Swanston and Flinders Streets on 9th August, 1951, which is an intersection controlled by lights. In her statement of claim she alleged that on or about that day she was struck down by a motor truck driven by the defendant whilst walking at the intersection of Flinders and Swanston Streets, Melbourne. This allegation was admitted. She also alleged that the collision was due to the negligent driving of the defendant. This allegation was denied.

The facts have been set out in detail in the judgments of the Full Court of Victoria. They fall into a short compass. Upon the events leading to the accident the plaintiff herself gave evidence and she was supported by a witness Irving. Certain answers to interrogatories by the defendant were put in evidence. The plaintiff then closed her case. The defendant elected not to go into evidence but submitted that there was no case to go to the jury. This submission was upheld by the learned trial judge, Lowe J., the Acting Chief Justice, who directed the jury to find a verdict for the defendant. The plaintiff appealed to the Full Supreme Court as I have said, and that Court by a majority made the order to which I have referred allowing a new trial.