Abdul Malik Ishak J

The plaintiff claimed damages from the defendants for personal injuries and losses suffered by him arising from an accident which occurred on 24 November 1989 at about 8.25pm at or near the second defendant's premises at Jalan Ah Siang, Johor Bahru. It was the plaintiff's case that the accident was caused by the negligence of the servants or agents of the first and/or the second defendants.

Briefly, in his evidence, the plaintiff testified that on 24 November 1989 while he was under the employment of the second defendant as a lorry driver cum attendant and worked with one Hussain bin Mat Isa ('Hussain'), he was requested by an Indian man by the name of Kumar ('Kumar'), who was employed by the second defendant as an attendant in motor-lorry JBP 4502 (it should be a motor-lorry trailer and it is proposed to describe it as such), to open one of the doors or barriers of the motor-lorry trailer which, at the material time, was laden with iron pipes. The plaintiff acceded to the request. The motor-lorry trailer had a total of eight doors or barriers — three on each side and one in front and one at the back. These doors or barriers were secured by means of pins. It was