Salmon v Meacham

The appeal concerned a dispute in negligence between the appellant, Salmon, and the respondent, Meacham. The case was heard in the Court of Appeal of New South Wales.

The primary legal issue before the Court of Appeal was the apportionment of damages in a negligence claim, specifically in relation to contributory negligence. The court was required to determine whether the initial judgment for the plaintiff had correctly assessed the plaintiff's contribution to their own loss.

The Court of Appeal found that the original judgment had erred in its apportionment of contributory negligence. Applying principles of negligence and contributory negligence, the court recalculated the damages, reducing the award to the plaintiff. The court then apportioned the revised judgment amount between the widow and the children, with a portion to be paid into court for the children. The court also made orders regarding the costs of the appeal and granted liberty to apply to vary the apportionment and costs.