Doonan v Beacham [1953] HCA 38

Doonan v Beacham [1953] HCA 38

If, on the whole of the evidence admissible within the scope of the particulars, the jury can reasonably infer that the accident was due to the defendant's negligence falling within the particulars, the plaintiff has made out a sufficient case to go to the jury; it is not fatal that the evidence does not attribute the occurrence to a specific particular of negligence.

Parties
Appellant: William J. Doonan; Respondent: Margaret Campbell Beacham
Jurisdiction
Australia
Judgment Date
16 June 1953
Procedural Posture
Appeal / Judgment on Appeal From the Full Court of the Supreme Court of Victoria
Outcome
Appeal dismissed with costs.
Legal Topics
Negligence, Particulars of Negligence, Sufficiency of Evidence, Running Down Cases
Tort Law Negligence Particulars of Negligence Sufficiency of Evidence Running Down Cases

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Parties

William J. Doonan

Appellant

Margaret Campbell Beacham

Respondent

Procedural Posture

Appeal / Judgment on Appeal From the Full Court of the Supreme Court of Victoria

Legal Issues

  1. 1 Whether a case in negligence can go to the jury if the evidence does not attribute the accident to any particular item in the particulars of negligence but may fall within them collectively
  2. 2 The function and scope of particulars of negligence in an action

Ratio Decidendi

If, on the whole of the evidence admissible within the scope of the particulars, the jury can reasonably infer that the accident was due to the defendant's negligence falling within the particulars, the plaintiff has made out a sufficient case to go to the jury; it is not fatal that the evidence does not attribute the occurrence to a specific particular of negligence.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.