Shand v Weyhausen [1911] ZAWLD 39 (12 September 1911)

Negligence - Driving - Duty of Pedestrians in Public Street

It is the duty of pedestrians, walking in the streets of Johannesburg, to pay attention to the traffic, and if a pedestrian is run down owing to his failure to take reasonable care to get out of the way of an approaching vehicle and not to the driver of such vehicle failing to drive diligently, he is not entitled to complain. Such a pedestrian is not entitled to stop the traffic.

A motor car was being driven diligently along a public street at a reasonable rate. Three pedestrians were walking in the said street, regardless of the traffic, in front of the said car and in the same direction. The driver of the motor car took every reasonable precaution to warn the pedestrians of his approach, and the roadway was sufficiently broad to allow the motor car to pass the pedestrians walking abreast. The pedestrians disregarded the warnings, and one of them, the plaintiff, when the car was within a couple of yards of him, looked back and jumped into the way of the car, and was run over.

Held, that the accident was not caused by any negligence on the
part of the driver.