Allen v Redding [1934] HCA 2

Allen v Redding [1934] HCA 2

On the facts, the pedestrian was not guilty of contributory negligence because he acted as a reasonable person would under the circumstances; even if he was negligent, the motorist had the last opportunity to avoid the accident, making the motorist solely responsible.

Parties
Appellant, Plaintiff: Alfred Henry Allen; Respondent, Defendant: Allan F. C. Redding
Jurisdiction
Australia
Procedural Posture
Appeal / High Court Judgment on Appeal From the Supreme Court of Victoria (full Court), Which Had Reversed the County Court Decision
Outcome
Appeal allowed.
Legal Topics
Contributory Negligence, Last Clear Chance Doctrine, Motor Vehicle Accidents, Pedestrian Injury
Tort Negligence Contributory Negligence Last Clear Chance Doctrine Motor Vehicle Accidents Pedestrian Injury

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Parties

Alfred Henry Allen

Appellant, Plaintiff

Allan F. C. Redding

Respondent, Defendant

Procedural Posture

Appeal / High Court Judgment on Appeal From the Supreme Court of Victoria (full Court), Which Had Reversed the County Court Decision

Legal Issues

  1. 1 Whether the motorist was negligent in failing to see the pedestrian and avoid the accident.
  2. 2 Whether the pedestrian was guilty of contributory negligence by not keeping a lookout in the last part of crossing the road.
  3. 3 Whether, even if the pedestrian was negligent, the motorist had the last opportunity to avoid the accident.

Ratio Decidendi

On the facts, the pedestrian was not guilty of contributory negligence because he acted as a reasonable person would under the circumstances; even if he was negligent, the motorist had the last opportunity to avoid the accident, making the motorist solely responsible.

Court Disposition

Appeal allowed.

Orders

  • Judgment of the County Court Judge restored in favour of the plaintiff.