JUDGMENT
Law JA The appellant was the plaintiff in a suit tried in the High Court in which he claimed damages for injuries suffered by him in an accident when a car, in which he was a passenger, collided with a bus which was being driven in the opposite direction by the second respondent, an employee of the first respondent. The plaint alleged that the accident was caused by the negligence of the second respondent, and the plaintiff further relied on the doctrine of res ipsa loquitur . By their defence, the respondents denied negligence, and pleaded that the accident occurred on account of factors beyond the driver’s control, namely the bursting of the bus off-side front tyre.
The learned trial Judge (Miller J as he then was) found that the accident was not due to any negligence on the part of the driver and dismissed the suit. From that decision, the appellant now appeals.
The facts of the case are that on the July 8, 1974, the second respondent (hereinafter referred to as “the driver”…