South African Railways v Sykes [1912] ZATPD 116 (15 October 1912)

Reported
Flynote

Railways-Sparks from engine-Damage -Engine
properly equipped.-Apparatus in good order.Onus
of proof.

Case summary

Where a plaintiff has proved that damage has been
caused by sparks from a railway engine, the onus
is on the defendant to prove that the engine was
properly equipped to prevent the escape of sparks,
and that the apparatus used for that purpose was
in good order at the time.


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