STONE V. RAMSEY
The defendant was not negligent because his vehicle was properly lighted consistent with statutory requirements, and reasonable care did not require either relocating entirely off the bitumen nor deploying reflectors for a brief stop.
- Parties
- Plaintiff: Ramsey; Defendant: Houston
- Jurisdiction
- Australia
- Judgment Date
- 05 October 1961
- Procedural Posture
- Civil / Final Judgment
- Outcome
- action dismissed
- Legal Topics
- Negligence, Road Traffic Accidents
Case Brief
Summary, issues, holding and outcome
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Parties
Ramsey
Plaintiff
Houston
Defendant
Procedural Posture
Civil / Final Judgment
Legal Issues
- 1 Whether the defendant was negligent in parking his semi-trailer in an insufficiently lighted condition on the road
- 2 Whether the defendant failed to take reasonable care by not placing reflectors on the road while parked
Ratio Decidendi
The defendant was not negligent because his vehicle was properly lighted consistent with statutory requirements, and reasonable care did not require either relocating entirely off the bitumen nor deploying reflectors for a brief stop.
Court Disposition
action dismissed
Orders
- The action will be dismissed, with costs.
Full Case Text
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