JUDGMENT

Lord Pearce:

This is an appeal by the plaintiff from an order of the Federal Court of Malaysia dismissing the plaintiff's appeal from an order of the High Court in Malaya at Ipoh, whereby it gave judgment for the plaintiff against the defendants for 25,930 dollars. The trial Judge found that he had been guilty of contributory negligence, and therefore awarded him only 500 per cent. of the damages. The law as to contributory negligence is, by statute, the same as in this country. The grounds of appeal are that the learned Judge should not have found on the evidence that the plaintiff was guilty of any negligence, or if he did find him guilty of negligence, he should not have estimated its amount at so high a figure as 50%.

The plaintiff was travelling on a motorcycle along the main road, and into that road, on his nearside, ran a lane down which, unknown to him, a lorry was proceeding. About ten ft back from the place where the lane entered the main road a van was drawn up by the side of the road and partly on the verge, leaving about four ft or so projecting into the road. As a result, on the plaintiff story , he was unable to see the lorry until he came the front of the