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

Raine v. Busby (1829) NSW Sel Cas (Dowling) 436; [1829] NSWSupC 54

road accident - personal injury - nuisance - negligence - action on the case

 

Supreme Court of New South Wales

Dowling J., 8 September 1829

Source: Dowling, Select Cases, Vol. 2, Archives Office of N.S.W., 2/3462

[p. 224][A contractor employed by Government to sink a well held liable for an injury sustained by Plaintiff being upset in his Gig in a Public Street by reason of the negligence of the workman employed, in leaving rubbish in the Highway without proper notice to the public.]

Tuesday 8th Sept 1829

Assessors  Mr Browne

G. Innes Esqr

Raine v Busby

Action on the case for negligently placing large quantities of dirt and rubbish in a common highway a Street called George Street Sydney and wrongfully &c keeping the same during night time without fixing any light or signal whereby a gig of plaintiffs value 50£ accidentally driving against rubbish, and was thereby overturned by means whereof Plaintiff was greatly bruised &c.  Damage and repairs of Gig & bruises

Vide Vol 24 page 2.[1 ]

Verdict for Plaintiff Damages £15.

 

Notes

[1 ] The minutes of this case continue in Dowling, Proceedings of the Supreme Court, Vol. 24, Archives Office of New South Wales, 2/3207, at p. 2.  The defendant pleaded not guilty.  The further minutes are not reproduced here because they are difficult to read, and the judge's statements of the law are in his own shorthand at pp 12-13.

Published by the Division of Law, Macquarie University