Howard v Jarvis [1958] HCA 19

Howard v Jarvis [1958] HCA 19

The evidence did not justify a finding that Howard was negligent in conducting the search or in failing to inspect the cell at intervals, nor did such omissions amount to actionable negligence causing Jarvis's death. The incident was deemed a tragic accident for which no defendant was properly found liable.

Jurisdiction
Australia
Procedural Posture
Appeal / Judgment on Appeal From Full Court of Supreme Court of Tasmania
Outcome
Appeal allowed; judgment of Full Court of Supreme Court of Tasmania discharged; original decision of Gibson J. restored; appeal from Gibson J. dismissed with costs.
Legal Topics
['duty of Care' 'negligence' 'liability of Police Officers' 'breach of Duty' 'causation' 'vicarious Liability']
['tort Law'] ['duty of Care' 'negligence' 'liability of Police Officers' 'breach of Duty' 'causation' 'vicarious Liability']

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Procedural Posture

Appeal / Judgment on Appeal From Full Court of Supreme Court of Tasmania

Legal Issues

  1. 1 ['Whether Howard owed a duty of care to Jarvis while in police custody' 'Whether Howard was negligent in searching Jarvis and in failing to inspect the cell at intervals' "Whether any act or omission of Howard was the cause of Jarvis's death" 'Whether the lack of periodic inspection or an inadequate search could amount to actionable negligence']

Ratio Decidendi

The evidence did not justify a finding that Howard was negligent in conducting the search or in failing to inspect the cell at intervals, nor did such omissions amount to actionable negligence causing Jarvis's death. The incident was deemed a tragic accident for which no defendant was properly found liable.

Court Disposition

Appeal allowed; judgment of Full Court of Supreme Court of Tasmania discharged; original decision of Gibson J. restored; appeal from Gibson J. dismissed with costs.

Orders

  • ['Appeal allowed with costs.' 'Order of Full Court of Supreme Court of Tasmania discharged.' 'Order that appeal from judgment of Gibson J. be dismissed with costs.']