[2] According to the plaintiff, on 28 March 1973, at about 12.30am he was riding his motor cycle, PN 1234, and was proceeding along Telaga Ayer Road towards Bukit Mertajam with one Shahidi bin Yahya as his pillion rider. As he was proceeding along the road the defendant drove his motor taxi No PE 3789 along the same road in the same direction and that somewhere near the junction of Telaga Ayer Road and Jalan Chempah the defendant overtook the plaintiff without any warning and immediately stopped in front of him and thereby caused an accident. He alleged he tried to avoid the defendant's car by swerving right but could not do so because there was neither sufficient time nor space to do so. He therefore collided into the rear of the defendant's taxi. He alleged that he was riding the motor cycle at about 20-25 mph. He further suggested that