Smith v Joyce [1954] HCA 15

High Court of Australia Dixon C.J. Webb, Fullagar, Kitto and Taylor JJ. Smith v Joyce [1954] HCA 15

ORDER Appeal of the defendant M. F. Bourke dismissed with costs. Appeal of the defendants W. J. Bourke and Trevor Smith allowed and order of Supreme Court varied by setting aside the verdict against them and the judgment for damages and costs against them and so much of the order for the costs of the appeal to the Supreme Court as directs these defendants to pay such costs.

Cur. adv. vult.

The Court delivered the following written judgment:—

April 14 Dixon C.J., Webb, Fullagar, Kitto and Taylor JJ.

On 2nd February 1951, the respondent, whilst working at the Melbourne City Abattoirs as an apprentice slaughterman, was seriously injured by a blow from an extremely sharp knife which, at the time of the accident, was being used by the appellant Smith. The latter was a slaughterman in the employ of the other two appellants who carried on in partnership the business of wholesale butchers under the firm name of Bourke Bros. Following upon the accident an action for damages was brought by the respondent against all three appellants and upon the trial of the action the jury answered certain specific questions in favour of the respondent and assessed his damages at £2,500.

The respondent's claim against the appellants was founded upon negligence and in the particulars of negligence supplied prior to the trial a number of allegations—some of them in very general terms—was made. In view, however, of the specific questions submitted to the jury and the answers made thereto the matters which arise on this appeal fall within a narrow compass and, substantially, it is necessary only to consider whether there was evidence to support the finding of the jury on two specific matters.