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1970 MarsdenLR 66

FEDERAL COURT KUALA LUMPUR
MENAH SULONG – Appellant
Versus
LIM SOO & ANOR – Respondent


Petitioner Advocates:Thara Singh Sidhu ,Respondent Advocate: MJ Mathew

JUDGMENT

Ong CJ:

1

[1] On 7 October 1963 the plaintiff was a passenger on the back carrier of an adult bicycle ridden by her nephew, a boy of about 10. It came out of a side-road, across the path of a motor-car proceeding along the highway from Malacca towards Machang Bharu. In the resulting collision the plaintiff sustained a fracture of her right femur.

[2] Both in her statement of claim and repeatedly in her evidence she stated that she had alighted from the bicycle and was standing on the grass verge when the car knocked her down, being on its wrong side of the road when it did so. This allegation was denied by the defendants who averred that the bicycle came out without stopping at the junction, and the negligence was all on the part of the juvenile cyclist. In her reply the plaintiff still iterated that she was standing on the edge of the road when she was run down.

[3] The learned trial Judge did not consider her evidence reliable or credible. He preferred to believe the defendants and found as a fact that the young cyclist never stopped at the junction but crossed the road even after he had seen the approaching car. In the result he found that the negligence of the cyclist was t

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