SPERIDON V. BOURNE 5/1941
The defendant was negligent in swerving to his wrong side of the road, when he had the opportunity and time to avoid the collision by swerving left or stopping. The trial judge was correct in finding that with reasonable care the defendant could have avoided the accident, and that the plaintiff's actions did not amount to contributory negligence.
- Parties
- Plaintiff: Speridon; Defendant: Bourne
- Jurisdiction
- Australia
- Judgment Date
- 04 April 1941
- Procedural Posture
- Appeal / Judgment
- Outcome
- appeal dismissed with costs
- Legal Topics
- Negligence, Motor Vehicle Collision, Contributory Negligence
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Speridon
Plaintiff
Bourne
Defendant
Procedural Posture
Appeal / Judgment
Legal Issues
- 1 Whether the defendant was guilty of negligence resulting in the collision
- 2 Whether the plaintiff's conduct contributed to the collision as contributory negligence
Ratio Decidendi
The defendant was negligent in swerving to his wrong side of the road, when he had the opportunity and time to avoid the collision by swerving left or stopping. The trial judge was correct in finding that with reasonable care the defendant could have avoided the accident, and that the plaintiff's actions did not amount to contributory negligence.
Court Disposition
appeal dismissed with costs
Orders
- Appeal dismissed with costs.
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment