Jones v Dunkel (1959) 101 CLR 298

Facts: Plaintiff (Pl) (Jones) brought an action against defendant (D) (Dunkel) under the Compensation to Relatives Act 1897 for negligence causing the death of her husband. Pl alleged there was a motor vehicle collision with a truck driven in the opposite direction by D’s employee. There were insufficient Ws and road signs to infer any probable cause of the accident. On such facts, it was possible that Pl’s truck was on the correct side of the road and that D’s was not. At trial, the driver was not called to give evidence. 

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