Harrington NO and Another v Transnet Limited t/a Metrorail and Others (32/2009) [2009] ZASCA 146; 2010 (2) SA 479 (SCA) ; [2010] 2 All SA 220 (SCA) (26 November 2009)

Harrington NO and Another v Transnet Limited t/a Metrorail and Others (32/2009) [2009] ZASCA 146; 2010 (2) SA 479 (SCA) ; [2010] 2 All SA 220 (SCA) (26 November 2009)

The Supreme Court of Appeal found that Metrorail possessed unique knowledge of unscheduled train movements and the risks posed to cable patrol guards operating after hours. Metrorail failed to take reasonable precautions, such as warning the guards of the imminent dispatch of a train, despite the foreseeability of harm and the ease of providing such warnings. The evidence established that the appellants were not aware of the risk of unscheduled trains and their conduct was reasonable given their experience and lack of prior incidents. The omission by Metrorail to warn the guards was both wrongful and negligent, and was the cause of the accident. By contrast, the train driver, Human, was...

Citation
[2009] ZASCA 146
Parties
Appellant: Mark Harrington N.O.; Appellant: Siyavuma Ngaleka; Respondent: Transnet Limited t/a Metrorail; Respondent: J C Human; Respondent: Kuffs Security Services CC
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
26 November 2009
Case Number
32/2009
Procedural Posture
Civil Appeal / Appeal From Full Bench of Western Cape High Court
Outcome
Appeal succeeded against the first respondent (Metrorail); dismissed against the second respondent (Human). Costs awarded against Metrorail.
Judges
MPATI, NAVSA, HEHER, MHLANTLA, LEACH
Legal Topics
Negligence, Contributory Negligence, Duty of Care, Vicarious Liability, Apportionment of Damages, Railway Safety
Delict Civil Procedure Negligence Contributory Negligence Duty of Care Vicarious Liability Apportionment of Damages Railway Safety

Case Brief

Summary, issues, holding and outcome

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Parties

Mark Harrington N.O.

Appellant

Siyavuma Ngaleka

Appellant

Transnet Limited t/a Metrorail

Respondent

J C Human

Respondent

Kuffs Security Services CC

Respondent

Procedural Posture

Civil Appeal / Appeal From Full Bench of Western Cape High Court

Legal Issues

  1. 1 Whether Metrorail owed a legal duty to warn cable patrol guards of unscheduled train movements at night.
  2. 2 Whether Metrorail and its employee acted negligently and unlawfully, causing the accident.
  3. 3 Whether the appellants were contributorily negligent in walking on the railway line at night.

Ratio Decidendi

The Supreme Court of Appeal found that Metrorail possessed unique knowledge of unscheduled train movements and the risks posed to cable patrol guards operating after hours. Metrorail failed to take reasonable precautions, such as warning the guards of the imminent dispatch of a train, despite the foreseeability of harm and the ease of providing such warnings. The evidence established that the appellants were not aware of the risk of unscheduled trains and their conduct was reasonable given their experience and lack of prior incidents. The omission by Metrorail to warn the guards was both wrongful and negligent, and was the cause of the accident. By contrast, the train driver, Human, was...

Court Disposition

Appeal succeeded against the first respondent (Metrorail); dismissed against the second respondent (Human). Costs awarded against Metrorail.

Orders

  • The appeal succeeds as against the first respondent (Metrorail).
  • The appeal is dismissed as against the second respondent (Human).