MACKAY & COMPANY V. BARKER
The driver of the truck was negligent in attempting to pass through a narrow space between a tram and a parked vehicle in circumstances that required a high degree of precision. The plaintiff, in waving forward the truck, did not assume the risk nor was he guilty of contributory negligence, as he was not in a position to judge or bear responsibility for the safe passage.
- Parties
- Appellant: Mackay & Company; Respondent: Barker
- Jurisdiction
- Australia
- Judgment Date
- 07 September 1951
- Procedural Posture
- Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Negligence, Contributory Negligence, Assumption of Risk, Motor Vehicle Accident
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Mackay & Company
Appellant
Barker
Respondent
Procedural Posture
Appeal / Judgment
Legal Issues
- 1 Whether the driver of the truck was negligent in attempting to pass between the tram and the parked vehicle with insufficient space
- 2 Whether the plaintiff was guilty of contributory negligence by motioning the truck forward
- 3 Whether the plaintiff voluntarily assumed the risk
Ratio Decidendi
The driver of the truck was negligent in attempting to pass through a narrow space between a tram and a parked vehicle in circumstances that required a high degree of precision. The plaintiff, in waving forward the truck, did not assume the risk nor was he guilty of contributory negligence, as he was not in a position to judge or bear responsibility for the safe passage.
Court Disposition
appeal dismissed
Orders
- Appeal dismissed with costs.
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment