ALLAN V. MANSFIELD

ALLAN V. MANSFIELD

There was sufficient evidence, particularly from eyewitness Harding and the police constable's conversation with the appellant, to allow the jury to find negligence on the part of the appellant; thus, the trial judge was correct in leaving the case to the jury and the appeal was properly dismissed.

Parties
Appellant: Allan; Respondent: Mansfield
Jurisdiction
Australia
Judgment Date
20 June 1957
Procedural Posture
Appeal / Final Judgment of High Court After Full Court Decision
Outcome
Appeal dismissed
Legal Topics
Negligence, Contributory Negligence, Personal Injury, Road Traffic Accident
Tort Negligence Contributory Negligence Personal Injury Road Traffic Accident

Case Brief

Summary, issues, holding and outcome

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Parties

Allan

Appellant

Mansfield

Respondent

Procedural Posture

Appeal / Final Judgment of High Court After Full Court Decision

Legal Issues

  1. 1 Whether there was evidence on which the jury could properly find negligence on the part of the appellant
  2. 2 Whether the trial judge was correct to leave the issue of negligence to the jury

Ratio Decidendi

There was sufficient evidence, particularly from eyewitness Harding and the police constable's conversation with the appellant, to allow the jury to find negligence on the part of the appellant; thus, the trial judge was correct in leaving the case to the jury and the appeal was properly dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs