1955 Present : Swan, J., and K. D. de Silva, J.

L. E. CABRAL, Appellant, and R. A. ALBERATNE,
Respondent

S. C. 211-D. C. Colombo, 25,212/M

Negligence-Accident-Application of maxim res ipsa loquitur-Onus of proof-Nature of burden on defence.

In a case where the doctrine of res ipsa loquitur is applicable, the burden on the defendant is not only to give a reasonable explanation of the accident in question but also to show that the specific cause of the accident does not connote negligence on his part.

A motor truck belonging to the defendant ran off the road into the plaintiff's house, which was about six feet away from the edge of the road and stood at a bend in the road. Defendant pleaded inevitable accident. He sought to rebut the presumption arising from the maxim res ipsa loquitur by merely stating that the immediate cause of the accident was that the steering-rod got out of its place at the crucial moment. He did not, however, adduce any evidence as to how and why the steering-rod came out of its place. There was no evidence whatsoever that the vehicle was regularly serviced or serviced at all. Even the Motor Car Examiner who examin