Scott v Bucknell [1918] HCA 74

Scott v Bucknell [1918] HCA 74

Leave to appeal refused because the Full Court was correct to order a new trial on grounds the jury should have been properly directed about the plaintiff's assumption of risk under contract.

Parties
Applicant: Robert Gordon Scott; Respondent: Hugh William Bucknell
Jurisdiction
Australia
Judgment Date
05 December 1918
Procedural Posture
Appeal / Application for Leave to Appeal
Outcome
leave to appeal refused
Legal Topics
Negligence, Master and Servant, Risk Assumption, New Trial
Tort Employment Law Negligence Master and Servant Risk Assumption New Trial

Case Brief

Summary, issues, holding and outcome

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Parties

Robert Gordon Scott

Applicant

Hugh William Bucknell

Respondent

Procedural Posture

Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 Whether the plaintiff could recover damages for injury sustained while riding horse supplied by employer if plaintiff had contracted to break in the horse.
  2. 2 Whether jury was properly directed regarding plaintiff's assumption of risk.

Ratio Decidendi

Leave to appeal refused because the Full Court was correct to order a new trial on grounds the jury should have been properly directed about the plaintiff's assumption of risk under contract.

Court Disposition

leave to appeal refused

Orders

  • Leave to appeal from the decision of the Supreme Court of New South Wales refused.