JUDGMENTBY: BARAKBAH LP, ONG HOCK THYE FJ

BARAKBAH LP This is an appeal from the judgment of Ismail Khan J. who dismissed the claim of the plaintiff/appellant for damages for negligence against the defendants/respondents. The appellant suffered disablement while in the employment as an estate conductor of the second respondents after being treated by the first respondent who was a doctor engaged by the second respondents as visiting medical officer to look after the health of their employees. The first respondent treated the appellant for an itch on his hands and legs by injecting a drug called "acetylarsan" which was alleged to have resulted in paralysis of the hands and legs.

On 31st July, 1956, the first respondent prescribed an injection of 5 c.c. of "acetylarsan" which he considered as an adult dose. According to the appellant, after the injection he had a temperature and his face was swollen but Lopez, who was the estate dresser and who gave the injection, stated that the appellant had a slight temperature, a flushed face but not a swelling. On the first respondents next visit after the first injection Lopez reported to him about the appellants condition and he examined the