MILIANI v. VICTORIAN RAILWAYS COMMISSIONERS

18 VLR 331·HIGINBOTHAM, C.J., WILLIAMS, and HODGES, JJ.
18 VLR 331
18 VLR 331
MILIANI v. VICTORIAN RAILWAYS COMMISSIONERS Supreme Court of Victoria (Full Court) HIGINBOTHAM, C.J., WILLIAMS, and HODGES, JJ. 11 February 1892 Notice of action — Railways Act 1890 (No. 1135), s. 119 — Sufficiency of — Whether notice clearly and explicitly set forth "nature of intended action and cause thereof." .

The notice of action, in pursuance of sec. 119 of the Railways Act 1890, set forth that the plaintiff intended to issue a writ against the defendants, for that the defendants, on the 20th day of January 1890, by their negligence or by the negligence of their servants, inflicted personal injuries upon the plaintiff to the damage of the said plaintiff of 1,000l. At the trial it was contended by the defendants that this notice was insufficient, as it was not in compliance with the provisions of sec. 119 of the Railways Act, which provided, inter alia, that "such notice shall clearly and explicitly set forth the nature of the intended action and the cause thereof."

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18 VLR 331

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