RYDZEWSKI V. CUMMINS
The trial judge's findings regarding the parties' respective negligence and the apportionment of damages should not be disturbed. The appeal was dismissed because there was no reason to overturn the findings as to responsibility or damages.
- Parties
- Appellant: Plaintiff; Respondent: Defendant
- Jurisdiction
- Australia
- Judgment Date
- 30 March 1960
- Procedural Posture
- Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Negligence, Contributory Negligence, Damages
Case Brief
Summary, issues, holding and outcome
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Parties
Plaintiff
Appellant
Defendant
Respondent
Procedural Posture
Appeal / Judgment
Legal Issues
- 1 Whether the plaintiff was negligent and contributed to their injuries
- 2 Whether the damages were properly assessed and apportioned under section 4 of the Tortfeasors and Contributory Negligence Act 1954
Ratio Decidendi
The trial judge's findings regarding the parties' respective negligence and the apportionment of damages should not be disturbed. The appeal was dismissed because there was no reason to overturn the findings as to responsibility or damages.
Court Disposition
appeal dismissed
Orders
- Appeal dismissed with costs.
Full Case Text
Judgment text and source record
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