Municipal Tramways Trust v Scott [1919] HCA 46; (1919) 26 CLR 501 (30 September 1919)

HIGH COURT OF AUSTRALIA

Municipal Tramways Trust and Others Defendants, Appellants; and Scott Plaintiff, Respondent.

H C of A

On appeal from the Supreme Court of South Australia.

30 September 1919

Barton, Isaacs, Gavan Duffy and Rich JJ.

Villeneuve Smith K.C. (with him Alderman), for the individual appellants.

O'Halloran, for the appellant Trust,

C. T. Hargrave and W. J. Gunson, for the respondent, were not called upon.

The judgment of the Court, which was delivered by Barton J., was as follows:—

Barton, Isaacs, Gavan Duffy and Rich JJ.

On the facts which are before us we are all of opinion that the conduct of the plaintiff in refusing to give his name and address does not amount to obstruction of the servants of the defendant Trust in the performance of their duties. That was the only question as to obstruction on which a new trial was ordered, being the only such question left to the jury, and therefore we think the verdict cannot stand. We are not prepared to assent to the proposition that it was not competent to the jury to base a verdict for the defendants on the non-production of the ticket, because we are not called upon to express our opinion upon it, and the question has not been argued here. We forbear from any expression which might hamper the new trial, but we dismiss the appeal with costs on the ground stated.

Appeal dismissed, with costs.

Solicitors for the appellants, T.S. O'Halloran; Villeneuve Smith & Alderman.

Solicitors for the respondent, W. & G. Gunson.