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Decisions of the Superior Courts of New South Wales, 1788-1899

Stedman v Rose and Co. [1826] NSWSupC 29

personal injury, damages - road accident

Supreme Court of New South Wales

Stephen A.C.J.,[1 ] 20 May 1826

Source: Australian, 24 May 1826

 

This was an action, brought by the Plaintiff against the Proprietors of the Stage Coaches, to recover damages for certain injuries sustained by the breaking down of a Coach,[2 ] on the 5th of April.  A Verdict was found for the Plaintiff - Damages £200 sterling, and costs.[3 ]

 

Notes

[1 ] Forbes C.J. was on sick leave from 23 February 1826 until 29 May 1826; John Stephen was Acting Chief Justice in this period: see Australian, 23February and 3 June 1826.

[2 ] The Monitor, 2 June 1826, says that the damages were for the overturning of defendant's coach.  The Sydney Gazette, 27 May 1826, said the "action was brought for injury sustained by the breaking-down of one of the coaches on the Windsor-road, in which the plaintiff expressed his unwillingness to travel until the safety of the vehicle was guaranteed by the coachman."  It claimed that a recent English newspaper reported a case in which the defendants were awarded £400 on similar facts.  W.C. Wentworth appeared for the plaintiff.

[3 ] On 3 July 1826, Mr Norton moved to have the judgment set aside on the ground of excessive damages: Monitor, 28 July 1826.  On 21 November 1826, a rule nisi was granted on a motion for a new trial: Monitor, 24 November 1826; Sydney Gazette, 25 November 1826.

Published by the Division of Law, Macquarie University