Commissioner for Railways (NSW) v Young

The Commissioner for Railways (NSW) appealed to the High Court of Australia against a judgment of the Supreme Court of New South Wales in favour of the respondent, Mr Young. The dispute concerned the respondent's claim for damages for personal injuries sustained when he was struck by a train while walking across a railway line at a place where the public was accustomed to cross, but which was not a designated crossing.

The High Court was required to determine whether the Commissioner owed a duty of care to the respondent, and if so, whether that duty had been breached. Specifically, the court considered whether the Commissioner had taken all reasonable precautions to prevent injury to persons who, to the Commissioner's knowledge, habitually crossed the railway line at that point. The court also had to consider the extent to which the respondent's own conduct contributed to his injuries.

The majority of the High Court held that the Commissioner did owe a duty of care to persons who habitually crossed the railway line at that point, even though it was not a public crossing. This duty arose from the knowledge that such crossings were occurring and the foreseeable risk of injury. The court found that the Commissioner had failed to take reasonable steps to mitigate this risk, such as providing adequate warning signals or barriers. The court also considered the respondent's contributory negligence, finding that while he had been negligent in crossing the tracks, this did not entirely absolve the Commissioner of liability. The appeal was dismissed.