Ong Hock Thye FJ:

The appellant was a passenger in a motor-car which collided with an oncoming lorry on 28 December 1959. He suffered rather serious permanent injury to his right arm. Almost five years later he brought an action for damages against the driver of the car and the owners of the lorry, respectively the first and second defendants, alleging negligence, in identical terms, against one or the other or both of them.

The first defendant entered no appearance. The second defendants denied all negligence on the part of their servant or agent driving their lorry and alleged negligence against the first defendant in the manner pleaded by the appellant in his statement of claim, particulars whereof these defendants adopted.

In the event the appellant and the second defendants were the only parties heard at the trial before Ali J who held the absent first defendant solely responsible and awarded damages against him with costs. As regards the successful second defendants' costs he made the Bullock order.

In this appeal it is now sought to make the second defendants liable for contributory negligence and I have little doubt that this is because the appellant has scant h