JUDGMENT

Gill J:

This is an action for damages arising out of the death of five buffaloes and a dog belonging to the plaintiff as a result of their being electrocuted by coming in contact with a telephone wire belonging to the second defendants, which had been lying on the ground and resting on top on aerial electricity lines belonging to the first defendants.

Although a mass of evidence was produced at the trial of the action the facts of the case are simple and not greatly in dispute. On 3 December 1962 at about 12.30 p.m. the plaintiff's son named Kirpal Singh (PW3) was driving his father's herd of buffaloes home, after grazing them, along the left grass verge of Kapar Road in the direction of Klang in a single file, he being on the metal part of the road just beside the third buffalo in the file so as to keep them off the road. When he was at or near the second milestone, Kapar Road, the three buffaloes in front suddenly dropped on the ground. He looked behind and saw that two more buffaloes had fallen down. His dog which was following behind the buffaloes came running forward, but when it was some distance from the fallen buffaloes it yelped in pain, fell down and lay still.