De Beyer v Hart-Davis (338/82) [1984] ZASCA 123 (1 November 1984)

De Beyer v Hart-Davis (338/82) [1984] ZASCA 123 (1 November 1984)

The Supreme Court of Appeal upheld the trial court's findings that the defendant was negligent in entering the major road without yielding and without proper regard for the approaching vehicle. The evidence supported the plaintiff's version that he kept a proper lookout, was driving at a reasonable speed, and took reasonable steps to avoid the collision when it became apparent that the defendant was not going to yield. The court found no credible evidence of contributory negligence on the part of the plaintiff. The trial court's assessment of the witnesses' credibility and the probabilities was sound, and there were no grounds to interfere with its findings. The appeal was accordingly...

Citation
[1984] ZASCA 123
Parties
Appellant: Ivan Joseph De Beyer; Respondent: Sidney John Hart-Davis
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
1 November 1984
Case Number
338/82
Procedural Posture
Civil Appeal / Appeal Against Judgment of East London Circuit Local Division
Outcome
Appeal dismissed with costs.
Judges
Jansen, Cillié, Wessels
Legal Topics
Negligence, Motor Vehicle Collision, Contributory Negligence, Assessment of Evidence
Delict Negligence Motor Vehicle Collision Contributory Negligence Assessment of Evidence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Ivan Joseph De Beyer

Appellant

Sidney John Hart-Davis

Respondent

Procedural Posture

Civil Appeal / Appeal Against Judgment of East London Circuit Local Division

Legal Issues

  1. 1 Was the defendant negligent in causing the motor vehicle collision?
  2. 2 Did the plaintiff contribute to the collision by any negligence?
  3. 3 Was the trial court correct in its assessment of the evidence and findings on liability?

Ratio Decidendi

The Supreme Court of Appeal upheld the trial court's findings that the defendant was negligent in entering the major road without yielding and without proper regard for the approaching vehicle. The evidence supported the plaintiff's version that he kept a proper lookout, was driving at a reasonable speed, and took reasonable steps to avoid the collision when it became apparent that the defendant was not going to yield. The court found no credible evidence of contributory negligence on the part of the plaintiff. The trial court's assessment of the witnesses' credibility and the probabilities was sound, and there were no grounds to interfere with its findings. The appeal was accordingly...

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.