Rautini v Passenger Rail Agency of South Africa (853/2020)
Rautini v Passenger Rail Agency of South Africa (853/2020) [2021] ZASCA 158 (8 November 2021)
The Supreme Court of Appeal found that the full court materially misdirected itself by relying on hearsay evidence contained in discovered documents without the authors being called to testify or the contents being properly admitted. The appellant's version was not adequately challenged in cross-examination, and the respondent failed to plead or put its alternative version to the appellant. The inference that the appellant fabricated his version was unsupported by evidence and unfairly drawn. The carriage doors were open throughout the journey, and PRASA's failure to keep them closed constitu…
Source excerpt
- Admissibility Of Evidence
- Hearsay Rule
- Cross Examination
- Pleadings
- Negligence
- Liability For Open Train Doors