Judgment[1998] KECA 125
Case law
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Division and case type: CivilCivil Appeal
…Where, as in the instant case, the issue of contributory negligence by the deceased has been raised, the court has to investigate that issue on evidence to be called by the defendant who alleges contributory negligence.…
…If the defendant calls no evidence then he has not discharged the onus on him of proving the contributory negligence pleaded by him. In the absence of such evidence the court cannot decide relative blameworthiness.…
Division and case type: CivilCivil Case
…I have to direct myself as to possible contributory negligence on the part of the plaintiff.…
…So I discount any possible contributory negligence on the part of the plaintiff. Whose employee was the plaintiff on the fateful date?…