McCARTHY V. McCARTHY
The summing up left the issues for the jury and any inaccuracies or expressions in the judge's direction did not amount to misdirection warranting a new trial. There was sufficient evidence for the jury to find for the defendant on the ground of volenti non fit injuria or on the facts, and no reason to disturb the Supreme Court's denial of a new trial.
- Parties
- Applicant: McCarthy; Respondent: McCarthy
- Jurisdiction
- Australia
- Judgment Date
- 16 November 1955
- Procedural Posture
- Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Negligence, Volenti Non Fit Injuria, Misdirection, New Trial
Case Brief
Summary, issues, holding and outcome
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Parties
McCarthy
Applicant
McCarthy
Respondent
Procedural Posture
Appeal / Judgment
Legal Issues
- 1 Whether the trial judge's summing up contained misdirection that warranted a new trial in a personal injury action based on alleged negligence by the defendant.
Ratio Decidendi
The summing up left the issues for the jury and any inaccuracies or expressions in the judge's direction did not amount to misdirection warranting a new trial. There was sufficient evidence for the jury to find for the defendant on the ground of volenti non fit injuria or on the facts, and no reason to disturb the Supreme Court's denial of a new trial.
Court Disposition
appeal dismissed
Orders
- Appeal dismissed.
Full Case Text
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