This action is brought to recover damages for personal injuries sustained by the plaintiff in an accident which occurred on the 24th December, 1962, when he was driving a motor car along South Bridge Road, Singapore, which is a one-way street for south-bound traffic.

The statement of claim alleges that the defendant was driving a taxi along the same road and in the same direction as the plaintiffs car; that the taxi suddenly stopped; that the front near-side door of the taxi was opened by a passenger; that the door struck the plaintiff and caused a laceration of his right forearm; and that the accident was caused solely by the defendants negligence.

The defendant admits in his defence that he was driving the taxi on the day in question; that the front near-side door was opened by a passenger in the taxi; and that an accident happened; but he alleges that the accident was caused solely by or contributed to by the plaintiffs negligence.

The plaintiffs version of the accident is as follows. About 10.40 a.m. on the day in question he was driving a motor car along South Bridge Road in a southerly direction in front of the magistrates courts at a speed of 20 to 30 miles per hour and about 5 to 6 feet from the right-hand edge of the road. His car was following a taxi which was about 15 to 20 feet ahead of him. Near the junction with Upper Pickering Street the taxi slowed down after giving a signal, and swerved a little to the right. The plaintiff put out his right arm to indicate that he was slowing down. The taxi-driver put up his right forearm to indicate that he was going to stop. The taxi stopped at a hydrant, which is about 10 feet to the south of the junction of Upper Pickering Street and South Bridge Road. The off-side of the taxi was in line with the middle of the back of a car which was parked in front of it. While the plaintiffs car was passing the stationary taxi the near-side front door of the taxi was opened. The plaintiff withdrew his right arm but had no time to do so completely. The door of the taxi hit his forearm near the elbow and also the offside of the plaintiffs car.

This is the defendants version of the accident. A Chinese female passenger was seated in the taxi on the front seat next to him. She wished to alight at the junction of Upper Pickering Street and South Bridge Road. The taxi passed the magistrates courts at a speed of 10 to 20 miles per hour along the right-hand side of the road. The defendant put out his right hand to indicate that he was going to the right, and then put up his right forearm to indicate that he was going to stop. He slowed down. He passed Upper Pickering Street, which was on his right, and stopped near a hydrant about 3 feet from the edge of the road. The female passenger handed him the fare. He asked her to be careful. Her hand was near the handle of the near-side front door. She opened the door. He heard a bang. She got out from the taxi and walked away, The near-side front door was twisted. The plaintiffs car moved forward about 30 feet and stopped.

It seems to me that the taxi was involved in the accident only because the female passenger opened the door when it was not safe to do so. In my opinion she was guilty of negligence in opening the door without first taking reasonable care to see that her act would not endanger any other vehicle or road user; and her negligence was the sole cause of the accident. It is contended by counsel for the plaintiff that the defendant was negligent in that he stopped on the wrong side of the road. In my view there is no substance in this contention. It is further contended by counsel for the plaintiff that the defendant was negligent in that he allowed the passenger to open the door of the taxi when it was unsafe to do so. In my judgment, the defendant was not under a duty to third persons to see that his passenger did not commit an act of negligence in leaving the taxi. For the above reasons I give judgment for