Jones v Dunkel [1959] HCA 8; (1959) 101 CLR 298 (3 March 1959)

[1959] HCA 8

Negligence – Action – Collision between motor vehicles – No direct evidence of negligence – Matter of inference from proved facts – Sufficiency of facts to support inference.

Practice – Direction to jury – Inference of negligence open on proved circumstances – Whether inference should be drawn – Defendant able to explain facts from &which inference sought to be drawn – Failure of defendant to give evidence – What reliance to be placed by jury on such failure in deciding whether or not to draw inference – Nature of direction to jury.

Practice – Non-suit – Verdict by direction – History – Application in New South Wales.