THE COMMISSIONER FOR RAILWAYS V. SMALL

THE COMMISSIONER FOR RAILWAYS V. SMALL

The evidence did not compel a finding of contributory negligence as the only available conclusion; it was open to the jury to find that the deceased was not contributorily negligent, and the verdict for the plaintiff must stand.

Parties
Appellant: The Commissioner for Railways; Respondent: Small (by his widow, executrix)
Jurisdiction
Australia
Judgment Date
10 August 1955
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Contributory Negligence, Duty of Care, Level of Proof
Torts Negligence Contributory Negligence Duty of Care Level of Proof

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

The Commissioner for Railways

Appellant

Small (by his widow, executrix)

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether contributory negligence by the deceased was conclusively established such that the jury was bound to find for the defendant
  2. 2 Whether the jury was competent to negative contributory negligence

Ratio Decidendi

The evidence did not compel a finding of contributory negligence as the only available conclusion; it was open to the jury to find that the deceased was not contributorily negligent, and the verdict for the plaintiff must stand.

Court Disposition

appeal dismissed

Orders

  • Appeals dismissed with costs.