CLARK AND ANOTHER V. BUSBY 31/1933

CLARK AND ANOTHER V. BUSBY 31/1933

The learned judge did not find contributory negligence on the part of the plaintiff; the facts and the judgment show the defendant's conduct began, continued, and ended in negligence; thus the appeal should be dismissed.

Parties
Appellants: Clark and Another; Respondent: Ed Busby
Jurisdiction
Australia
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Negligence, Contributory Negligence
Tort Negligence Contributory Negligence

Case Brief

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Parties

Clark and Another

Appellants

Ed Busby

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the plaintiff was contributorily negligent
  2. 2 Whether the defendants were negligent

Ratio Decidendi

The learned judge did not find contributory negligence on the part of the plaintiff; the facts and the judgment show the defendant's conduct began, continued, and ended in negligence; thus the appeal should be dismissed.

Court Disposition

Appeal dismissed

Orders

  • The appeal be dismissed
  • The appellants to pay the respondent's costs of the appeal to be taxed