DURWARD V. CRACK & ANOR.
The finding of contributory negligence against the plaintiff was erroneous; the plaintiff acting on the hand signal in the manner he did did not constitute contributory negligence. The damages assessed by the trial judge were insufficient for the injuries sustained.
- Parties
- Plaintiff: Durward; Defendant: Crack & Anor.
- Jurisdiction
- Australia
- Judgment Date
- 05 August 1955
- Procedural Posture
- Appeal / Judgment
- Outcome
- Appeal allowed
- Legal Topics
- Negligence, Contributory Negligence, Personal Injuries, Damages
Case Brief
Summary, issues, holding and outcome
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Parties
Durward
Plaintiff
Crack & Anor.
Defendant
Procedural Posture
Appeal / Judgment
Legal Issues
- 1 Whether the finding of contributory negligence is to be supported
- 2 Whether the amount of damages contingently assessed is sufficient
Ratio Decidendi
The finding of contributory negligence against the plaintiff was erroneous; the plaintiff acting on the hand signal in the manner he did did not constitute contributory negligence. The damages assessed by the trial judge were insufficient for the injuries sustained.
Court Disposition
Appeal allowed
Orders
- Judgment of the Supreme Court discharged
- Judgment for the plaintiff for £500 damages and costs
Full Case Text
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