BELL V. DEMOREST
The defendant was negligent in passing on the left of a stationary vehicle that had stopped to allow a pedestrian to pass, and there was no contributory negligence on the part of the plaintiff; the damages awarded were justified and not excessive.
- Parties
- Appellant: Bell; Respondent: Demorest
- Jurisdiction
- Australia
- Judgment Date
- 08 July 1959
- Procedural Posture
- Appeal / Judgment
- Outcome
- appeal dismissed with costs
- Legal Topics
- Personal Injury, Negligence, Contributory Negligence, Assessment of Damages
Case Brief
Summary, issues, holding and outcome
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Parties
Bell
Appellant
Demorest
Respondent
Procedural Posture
Appeal / Judgment
Legal Issues
- 1 Whether the defendant was negligent in passing to the left of a stationary taxi and causing injury to the plaintiff
- 2 Whether the plaintiff was guilty of contributory negligence in crossing the road without observing the defendant's car
- 3 Whether the damages awarded by the trial judge were excessive
Ratio Decidendi
The defendant was negligent in passing on the left of a stationary vehicle that had stopped to allow a pedestrian to pass, and there was no contributory negligence on the part of the plaintiff; the damages awarded were justified and not excessive.
Court Disposition
appeal dismissed with costs
Orders
- Appeal dismissed with costs.
Full Case Text
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