[1978] VR 49
BRISBANE v CROSS
SUPREME COURT OF VICTORIA FULL COURT
YOUNG, CJ MCINERNEY AND DUNN, JJ.
16, 17, 21 March, 30 May 1977
[1978] VR 49
Animals — Negligence — Highway — Collision between motorcyclist and steer on
public road — Propensity of steer to stray — Occupier of land adjoining
highway under no duty to fence or prevent cattle straying onto highway — Rule
in Searle v Wallbank applicable in Victoria — Statutory provisions exposing
owner of straying cattle to penalty — Breach of statutory provisions — Breach
not conferring private right of action — Whether "special circumstances"
imposing duty of care — Local Government Act 1958 (No.6299), 15th Sched. CL41 — Country Roads Act 1958(No.6229), s73(1), s73(3) — Summary Offences Act
1966(No.7405) s8(d).
.
A motorcyclist was riding along a country road when his motorcycle was damaged
in a collision on the roadway with a steer which had strayed from the
defendant's property adjoining the roadway. The defendant knew that the steer
had a propensity to break through the fence on the defendant's property and
the magistrate found that he took insufficient precaution to see that the
fence was intact.
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[1978] VR 49
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