Green v Perry [1955] HCA 46

Green v Perry [1955] HCA 46

The jury was entitled to find, on the evidence, that the risk of a bullock escaping the arena and causing injury was not so remote as to absolve the occupiers from the duty to provide a reasonably adequate barrier. Given prior escapes and venue risks, the fence was found inadequate. The trial judge's directions on the principles of negligence were correct, and the jury's findings were open on the evidence.

Parties
Appellants; Defendants: Green and Others; Respondent; Plaintiff: Perry, Doris Lena
Jurisdiction
Australia
Judgment Date
23 August 1955
Procedural Posture
Appeal / On Appeal From the Full Court of the Supreme Court of Queensland
Outcome
Appeal dismissed with costs.
Legal Topics
Negligence, Occupiers' Liability, Personal Injury, Sports Arena Safety
Tort Law Negligence Occupiers' Liability Personal Injury Sports Arena Safety

Case Brief

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Parties

Green and Others

Appellants; Defendants

Perry, Doris Lena

Respondent; Plaintiff

Procedural Posture

Appeal / On Appeal From the Full Court of the Supreme Court of Queensland

Legal Issues

  1. 1 Whether the occupiers of the arena owed a duty of care to the spectators to provide a reasonably adequate fence to prevent injury from escaping animals during a sporting event.
  2. 2 Whether the existing barrier was reasonably sufficient to prevent foreseeable injury to spectators.

Ratio Decidendi

The jury was entitled to find, on the evidence, that the risk of a bullock escaping the arena and causing injury was not so remote as to absolve the occupiers from the duty to provide a reasonably adequate barrier. Given prior escapes and venue risks, the fence was found inadequate. The trial judge's directions on the principles of negligence were correct, and the jury's findings were open on the evidence.

Court Disposition

Appeal dismissed with costs.

Orders

  • Judgment for plaintiff affirmed.