BRANDENBURG V. BOWRA

BRANDENBURG V. BOWRA

It was not unreasonable for the trial judge to find there was no negligence on the part of the defendant; the facts did not support a conclusion that the defendant should have seen the plaintiff child earlier or could have prevented the accident with greater care.

Parties
Appellant: Brandenburg; Respondent: Bowra
Jurisdiction
Australia
Judgment Date
07 July 1959
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Negligence, Personal Injury, Motor Vehicle Accidents
Tort Law Negligence Personal Injury Motor Vehicle Accidents

Case Brief

Summary, issues, holding and outcome

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Parties

Brandenburg

Appellant

Bowra

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the defendant was negligent in failing to see the plaintiff child in time to avoid the collision
  2. 2 Whether the trial judge erred in finding that there was no negligence

Ratio Decidendi

It was not unreasonable for the trial judge to find there was no negligence on the part of the defendant; the facts did not support a conclusion that the defendant should have seen the plaintiff child earlier or could have prevented the accident with greater care.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs.
  • Application to strike out the appeal as incompetent refused with costs.