HARRIS V. STROUD

HARRIS V. STROUD

The defendant was negligent by failing to keep a proper lookout and taking insufficient precautions upon seeing a pedestrian. The plaintiff was contributorily negligent by walking on the bitumen carriage-way with her back to traffic in breach of the Traffic Regulations when it was practicable to walk elsewhere, warranting a reduction of her damages by one-tenth as just and equitable under the Act.

Parties
Plaintiff: Harris; Defendant: Stroud
Jurisdiction
Australia
Judgment Date
05 July 1960
Procedural Posture
Civil / Judgment
Outcome
Judgment for the plaintiff with a reduction for contributory negligence.
Legal Topics
Negligence, Contributory Negligence, Assessment of Damages, Motor Vehicle Accidents
Tort Personal Injury Negligence Contributory Negligence Assessment of Damages Motor Vehicle Accidents

Case Brief

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Parties

Harris

Plaintiff

Stroud

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defendant was negligent in causing injury to the plaintiff
  2. 2 Whether the plaintiff was guilty of contributory negligence
  3. 3 The assessment of damages for personal injury including future loss of earnings

Ratio Decidendi

The defendant was negligent by failing to keep a proper lookout and taking insufficient precautions upon seeing a pedestrian. The plaintiff was contributorily negligent by walking on the bitumen carriage-way with her back to traffic in breach of the Traffic Regulations when it was practicable to walk elsewhere, warranting a reduction of her damages by one-tenth as just and equitable under the Act.

Court Disposition

Judgment for the plaintiff with a reduction for contributory negligence.

Orders

  • Plaintiff awarded £22,500 in damages reduced from £25,000 for contributory negligence.
  • Defendant to pay costs.