The Australian Law Times Volume 8

The Australian Law Times Volume 8

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1887 edition. Excerpt: ...Mrs. Coultas sustained were not caused by any negligence of the plaintiffs, but that they had been caused by the negligence of the defendants. The damages in favor of the plaintiffs were assessed at 742. Williams, J., before whom the case was tried, reserved for the Full Court the following questions: --(1st) Whether the damages awarded by the jury to the plaintiffs, or either of them, are too remote to be recovered; (2nd) whether proof of " impact" was necessary in order to entitle the plaintiffs to maintain the action; (3rd) whether the female plaintiff could recover damages for physical or mental injuries, or for both, occasioned by fright, caused by the negligence of the defendants. Mr. Purves, Q.C., Mr. Hood, and Mr. PenneFather were for the plaintiffs; Dr. Madden, Mr. Box, and Mr. Hodges for the defendants. Mr. Pennefathrr, for the plaintiffs, contended that there was no authority to support the view that had been urged for the defendants, that in order to sustain the action there must have been an "impact," that was to say, a physical contact between the vehicle occasioning the shock and the person injured. The plaintiffs had shown that their right of personal security, which the defendants owed to them while passing over the level crossing, had been violated, and the defendants were liable for the reasonable and probable consequences flowing from such neglect of duty. The jury had decided that the defendants were guilty of negligence, and that the plaintiffs were not guilty of contributory negligence, and it must, therefore, be assumed that the damage which the plaintiffs sustained was caused by the negligent conduct of the defendants' gatekeeper. In Harris v. Mobbs, 3 Ex. D., 268, it was decided that actual...show more

Product details

  • Paperback | 214 pages
  • 189 x 246 x 11mm | 390g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236586441
  • 9781236586445