Background To The Case
On 9 August 1901, Robert Hannah was injured while driving a hansom cab along Elizabeth Street in Sydney, Australia. A telephone wire that was being repaired overhead fell onto electric tram wires and then contacted the cab, resulting in Hannah's injury. The cab was also damaged, and the horse was electrocuted.
Hannah brought an action for negligence in the Supreme Court of New South Wales against the Commonwealth, who were represented by a nominal defendant, the Deputy Postmaster-General of New South Wales James Dalgarno. Hannah succeeded at trial and was awarded GBP 200 in damages. Dalgarno appealed to a Full Court of the Supreme Court, but the appeal was rejected on 20 August 1903, five days before the Judiciary Act 1903 (which established the High Court) was given royal assent.
On 15 October 1903 Dalgarno was granted special leave to appeal to the High Court. The case was heard in early November.
Read more about this topic: Dalgarno V Hannah
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