10 Jul 1968
SAMUEL LAM SHING YAM v. YIP KAM FOON
- Citation
- SAMUEL LAM SHING YAM v. YIP KAM FOON
- Court
- Court of Appeal
- Case number
- CACV9/1968
The court held the defendant was not negligent. Given the road conditions, the presence and relative position/speed of other vehicles (bus and van), and that the defendant only saw the plaintiff after the van slowed and thereafter braked and swerved, a duty to slow further or to foresee a pedestrian emerging beyond the crossing was not established. The trial finding of negligence was unsustainable and the appeal was allowed; judgment against the defendant was set aside and judgment entered for the defendant.