Commissioner of Main Roads v Jones

Negligence – Standard of care – Breach – Respondent driver injured after car collided with wild horse on highway – Appellant a body corporate upon which care, control and management of highways was conferred – Whether appellant should have been aware of attraction of animals to water sources near accident site and exercised power to reduce speed limit and to erect warning sign.

Courts – Appeals – Whether Full Court of the Supreme Court of Western Australia justified in overturning findings of trial judge on danger posed by animals straying on highway.

Negligence – Causation – Whether, if speed limit reduced or warning sign erected, respondent's injuries would have been prevented.

Practice – Discovery – Material discovered by appellant between trial and appeal – Whether availability at trial would have warranted different result.