Negligence in delict

accident accused action African Guarantee ahead animals appellant applied his brakes approaching avoid a collision Cape Town cause child circumstances consequences contributory negligence convicted correct side Court held crossing culpa culpable homicide cyclist danger deceased decision defendant delict driver Durban duty entitled to damages evidence exercise facie fact failed feet fire guilty of negligence headlights hoot hooter ibid inference injury intersection Jackson Bros joint wrongdoer keep a proper latter level crossing lex Aquilia liable in damages lights look lorry motor vehicle motor-car motorist Municipality onus Ordinances overtaking owing owner pass passenger paterfamilias pedestrian person plaintiff Port Elizabeth precautions Pretoria proper look-out public road railway reasonable regard res ipsa loquitur respect result road-users rule servant signal skid speed statutory Stavast suddenly supra swerved thereof tram Transvaal travelling trespasser turn Union Govt unless Vehicle Insurance warning wrong side yards