Burkhardt v Elias [1912] ZAWLD 4 (19 October 1912)

Negligence - Driving - Running down Passenger alighting from Tramcar

It is the duty of a passenger, when alighting from a tram-car to look back and notice the state of the traffic in the road, but it is also the duty of the driver of a vehicle to pass tram-cars with caution; and if he fail to keep his vehicle in reasonable control in so passing, and a passenger alighting from the tram-car is injured in consequence, the driver of the vehicle is responsible, even though the said passenger have neglecfed to look back.