Hannon v McLarty

This case concerned an appeal to the High Court of Australia following a decision by the Supreme Court of Victoria. The dispute arose from an action brought by John Hannon against McLarty in the County Court, seeking damages for the death and injury of his horses. Hannon alleged that McLarty had created a public nuisance and acted negligently by leaving a wagon loaded with wheat unattended on the side of a country road, which his horses subsequently ate.

The legal issues before the courts were whether the defendant's conduct in leaving the wheat unattended on the highway constituted a public nuisance, and alternatively, whether the defendant was negligent in failing to take reasonable precautions to prevent foreseeable harm to passing horses. The County Court Judge found in favour of the plaintiff, determining that wheat was a strong allurement to horses and that the defendant's protection was inadequate. However, the Supreme Court reversed this decision.

The Supreme Court held that the horses were trespassing on the highway, and that the presence of the loaded wagon did not constitute a nuisance, or if it did, it was not the cause of the plaintiff's loss. Regarding negligence, the Court found that the defendant was not negligent as he could not reasonably have foreseen the specific outcome. The High Court, in refusing special leave to appeal, indicated that no general question of law arose and that the Supreme Court's decision was manifestly right.