Marais v Louttit [1911] ZATPD 55 (27 April 1911)

Negligence - Driving - Motor running down Cycle - Damages - Fees of Medical Specialist

The driver of a motor car which was following a cyclist up a public street in Pretoria, when two yards behind the cyclist, who was then about to enter a public square, sounded his hooter. Thereupon the cyclist turned to his left into the square. The motorist did likewise, and collided with and injured the cyclist. Thereafter the cyclist claimed damages, including the cost of consulting a specialist in Johannesburg.

Held, on appeal from the decision of a Magistrate, that a finding that the accident was caused by the motorist's negligence was justified, and, in the absence of evidence to show that the plaintiff had acted unreasonably in consulting the specialist in Johannesburg, the cost thereof should be allowed as part of the damages suffered.