STEELE v. MAYOR OF ESSENDON

17 VLR 239·HIGINBOTHAM, C.J., WEBB, and MOLESWORTH, JJ.
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17 VLR 239
17 VLR 239
STEELE v. MAYOR OF ESSENDON Supreme Court of Victoria (Full Court) HIGINBOTHAM, C.J., WEBB, and MOLESWORTH, JJ. June 29, 30 June 1891 Local Government Act 1890, ss. 401, 405, 410, 449 — Negligence — Hole with insufficient fence .

The plaintiff fell into a deep unguarded hole, around which the defendant had erected a fence; this fence had been allowed to fall into disrepair. The jury negatived contributory negligence on the part of the plaintiff. The part of the road where the accident occurred had not been formed.

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