Railways, Commissioner for v Harradine; Commissioner for Railways v Field [1961] HCA 85

High Court of Australia Dixon C.J. Kitto, Taylor, Windeyer, and Owen JJ. Railways, Commissioner for v Harradine; Commissioner for Railways v Field [1961] HCA 85

ORDER Order in each appeal:— Appeal dismissed with costs.

Cur. adv. vult.

The following written judgments were delivered:—

The following written judgments were delivered:—

Dec. 13 Dixon C.J.

Commissioner for Railways v. Harradine.

This is an appeal by special leave from an order of the Full Court of the Supreme Court of New South Wales dismissing an appeal from a judgment of the District Court at Sydney [5] . In the District Court the plaintiff, an officer employed by the Railway Commissioners, recovered the sum of £94 16s. 1d. as under s. 100B of the Government Railways Act, 1912-1957 N.S.W.. That amount was a sum equal to his salary for a period in which he was held to be incapacitated, at the rate for the time being payable to officers of his classification. The plaintiff was an engine-driver and on 18th July 1956, or possibly on the previous day, he suffered a coronary occlusion in consequence of which he was regarded as unable to perform his duties. He had reached the age of sixty and retired because he was not fit for work.

1. (1961) 79 W.N. (N.S.W.) 45.

On the night of 17th July 1956 he signed on at Eveleigh at about 7.20. He was to drive a train to Thirroul and back. On the return journey, at about 1.40 in the morning of 18th July, he took a fire iron down and tried to loosen the coal. After doing so he swung the fire iron over the tender. As he did so he says that he got a very sharp stabbing pain across his chest which he had not experienced before, and it continued for some time. At a later stage in the journey, at Sutherland, after putting the handbrakes on the trucks he again experienced the same pain and felt sick, and that happened on a third occasion. After waiting for a time at Redfern he finally signed off at Burwood. He was due to start work again that night at about ten minutes to eleven at Enfield. When he arrived there he felt sick and giddy and had the same pains. He was taken home and did not work again. The medical evidence tended to prove that he was suffering from myocardial infarction due to a coronary occlusion. The following gives the effect of that evidence. The pain he suffered was angina pectoris and was a symptom. He had been suffering from arterio-sclerosis. On the occasions that he suffered pain it was the result of effort. The coronary occlusion probably occurred upon the journey but it might have occurred earlier. Once the coronary artery or one of the branches is blocked, the muscles of the heart supplied by that blood vessel in effect die. According to the cardiologists called on behalf of the defendant Commissioner the angina which the plaintiff experienced on the journey did not contribute in any way; it arose from the basic cause, namely the coronary sclerosis and the hardening of the arteries. If it progressed up to the point where he did heavier things which were part of his normal work, he got a pain. Progression went on, and on the following day he had a major coronary episode. The three episodes of pain he had on the journey were not minor coronary occlusions. The plaintiff must, in the opinion of these medical witnesses, have had coronary sclerosis for many years. One medical witness called for the Commissioner said that he gathered from the history which he obtained from the plaintiff that what he did formed the usual sort of efforts for his occupation and that he got angina pectoris because at that time his coronary artery was inadequate for that extra effort.