HENRY V. WILLIAMS

HENRY V. WILLIAMS

The judge's summing-up sufficiently confined the allegation of contributory negligence to the plaintiff's act of rushing across in front of the oncoming motor cycle; in these circumstances, any instruction regarding the defendant's opportunity to avoid the accident was immaterial, and the jury's verdict for the defendant stands.

Parties
Plaintiff: Henry Williams; Defendant: Unknown (Defendant, motor cyclist)
Jurisdiction
Australia
Judgment Date
21 April 1961
Procedural Posture
Appeal / Appeal From Order of Full Court of Supreme Court of New South Wales Refusing New Trial
Outcome
Appeal dismissed with costs
Legal Topics
Negligence, Contributory Negligence, Personal Injuries
Tort Law Negligence Contributory Negligence Personal Injuries

Case Brief

Summary, issues, holding and outcome

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Parties

Henry Williams

Plaintiff

Unknown (Defendant, motor cyclist)

Defendant

Procedural Posture

Appeal / Appeal From Order of Full Court of Supreme Court of New South Wales Refusing New Trial

Legal Issues

  1. 1 Whether the trial judge failed to direct the jury properly on the issue that the defendant might still be liable if, notwithstanding plaintiff's contributory negligence, the defendant could have avoided the accident by exercise of care

Ratio Decidendi

The judge's summing-up sufficiently confined the allegation of contributory negligence to the plaintiff's act of rushing across in front of the oncoming motor cycle; in these circumstances, any instruction regarding the defendant's opportunity to avoid the accident was immaterial, and the jury's verdict for the defendant stands.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs unless the plaintiff appealed in forma pauperis, which she did not