MARLOW V. TATLOW AND OTHERS

MARLOW V. TATLOW AND OTHERS

The collision was wholly attributable to Reed's negligence, as he failed to maintain proper attention and respond appropriately to the plaintiff's reduction in speed; the plaintiff's conduct did not amount to contributory negligence.

Parties
Plaintiff: Marlow; Defendants: Tatlow and Others; Defendant: Reed
Jurisdiction
Australia
Judgment Date
10 March 1965
Procedural Posture
Civil / Final Judgment
Outcome
Judgment for the plaintiff on both the claim and the counter-claim, with costs.
Legal Topics
Negligence, Contributory Negligence, Motor Vehicle Accident, Personal Injury, Damages
Tort Negligence Contributory Negligence Motor Vehicle Accident Personal Injury Damages

Case Brief

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Parties

Marlow

Plaintiff

Tatlow and Others

Defendants

Reed

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether the collision was caused by negligence on the part of Reed in the management of the bus
  2. 2 Whether the plaintiff was contributorily negligent in the management of her car
  3. 3 Entitlement to damages for personal injury and property damage

Ratio Decidendi

The collision was wholly attributable to Reed's negligence, as he failed to maintain proper attention and respond appropriately to the plaintiff's reduction in speed; the plaintiff's conduct did not amount to contributory negligence.

Court Disposition

Judgment for the plaintiff on both the claim and the counter-claim, with costs.

Orders

  • Judgment be entered for the plaintiff for £4226 in the action
  • Judgment be entered for the plaintiff on the counter-claim