Melbourne and Metropolitan Tramways Board v Horan

Melbourne and Metropolitan Tramways Board v Horan concerned an appeal to the High Court of Australia from a judgment of the Supreme Court of Victoria. The appellant, the Melbourne and Metropolitan Tramways Board, sought to overturn a verdict awarded to the respondent, Mr. Horan, in an action for negligence. Mr. Horan had sustained injuries while a passenger on a tram operated by the Board.

The central legal issue before the High Court was whether the trial judge had erred in law by directing the jury that the Board owed a duty of care to its passengers to take all reasonable precautions to prevent injury to them, and that this duty extended to protecting them from the criminal acts of third parties. The Board contended that the duty of care did not extend to anticipating and guarding against the wilful misconduct of strangers.

The High Court, by majority, held that the duty of care owed by a carrier to its passengers includes a duty to take reasonable steps to protect them from foreseeable harm, including harm caused by the criminal acts of third parties, if such acts are reasonably foreseeable. The Court reasoned that the Board, as a carrier, had a responsibility to ensure the safety of its passengers, and this responsibility extended to taking precautions against known or foreseeable risks. The jury's finding of negligence was therefore upheld.