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…In Henderson v Henry E Jenkins & Sons [1970] AC 282 at 301 Lord Pearson at letter D stated: “In an action for negligence the plaintiff must allege, and has the burden of proving, that the accident was caused by negligence…

…What sort of negligence could there be in overtaking? There is no evidence to support contributory negligence either.…

…In it he denied that he was guilty of negligence as alleged.…

…the appeal, that contributory negligence had to be specifically pleaded by way of defence to a plaintiff’s claim of negligence; that, since there had been no such plea, the judge had erred in law in finding that the plaintiff…

…The defendants No.2 filed defence and stated that the negligence was attributed to the plaintiff.…

…I believe that the accident was not occasioned by the negligence of the defendants driver and or servants.…

…No defence was filed to refute the particulars of negligence alleged. The evidence adduced in the formal proof proceedings was solely that of the plaintiff.…

…No evidence was adduced on these 2 aspects of the particulars of negligence alleged in the plaint.…

…All she appears to say is that even if the explanation were true it would only show negligence on the part of counsel and that the applicant has remedy against counsel for such negligence I do not think that is a proper basis…

…He then sets out particulars of negligence, injuries and of special damages.…

…The respondent filed a defence in which she denied that the accident was caused by any act of negligence on her part and in paragraph 4 she stated: “(4) The defendant states that the accident occurred solely as a result of…

…The plaintiff claimed that the assault was “caused and/or precipitated by the defendant’s negligence, in the management and control of its factory/premises”.…

…He proceeded to give particulars of such negligence in para 4 of his plaint.…

…In my judgment negligence has been established against the second defendant and I find him liable to the plaintiff.…

…Some suggestion has been canvassed on the issue of contributory negligence on the part of the driver of motor vehicle Reg No KNN 997.…

…The particulars of negligence as pleaded are: (a)Driving at an excessive speed in the circumstances. (b)Failing to keep any or any proper look out.…

…the respondent called no evidence as regards the actual manner of driving of the appellant's vehicle but relied on the fact of the said conviction as proof of negligence.…

…These follow the usual, stereotyped, particulars of negligence which can be obtained from any book on pleadings and civil procedure.…

…He is entitled, and indeed bound, if he is not to be guilty of any contributory negligence, to take reasonable precautions to avoid injury to himself. In Jones v Boyce [1816] 171 ER VOL.…

…The plaintiff alleged that it was due to the defendant’s negligence in the way its Leyland lorry was driven, which resulted in the vehicle being involved in an accident, thus causing the loss and damage complained of.…

…The plaintiff was insured, so the insurance met the loss, but that money has not got to be recovered from the defendant whose negligence resulted in the accident.…

…The plaintiff’s claim on the basis of negligence hinges on the allegation that DW 1, i.e the night attendant or receptionist unlawfully permitted Amrik Singh this was done against the plaintiff’s wishes.…

…There was therefore no negligence on the part of any of the defendant’s servants with regard to Amrik entrance to the plaintiff’s room and consequently his claim on negligence must fail.…

…In the final analysis I hold the plaintiff’s injuries resulted from the negligence of the contractors (or the plaintiff’s employers) who were responsible for the excavation of the pit.…

…The Plaintiff’s negligence? I have to direct myself as to possible contributory negligence on the part of the plaintiff.…

…In the threeparagraph defence, the Defendant denied any negligence as alleged in the plaint and put the Plaintiff to the strick proof of her allegations.…

…Paragraph 4 alleges negligence on the part of the Defendant’s servant/agent and sets out the particulars of the alleged negligence.…

…The defence denied there was any negligence on their part. The defence stated that the accident was solely caused or substantially contributed by the Plaintiffs negligence.…

…Thus, a master is not liable for negligence committed outside the scope of his employment.…

…That disobedience did not absolve the employer from liability, for the employee’s negligence.…

…It was contended that it was outside his knowledge that his injuries were attributable to the other driver’s negligence, and that he did not know the statutory period of limitation.…

…the personal injury so resulting; and (c) the fact that the personal injuries were attributable to the negligence, nuisance or breach of duty or the extent to which they were so attributable.…

…seeking damages both special and general for injuries sustained in an accident while at his place of work with the defendant and which accident occurred as a result of the breach of contract and duty to him and also due to negligence…

…denying the allegations in the plaint, denied that there was breach of duty or contract between them, denied that an accident occurred as alleged, that if any accident occurred which is denied then the same was occasioned by negligence…

…At the hearing of the suit the Plaintiff’s witnesses adduced evidence to the effect that c. the accident was due to the negligence of the 1st defendant who was the 2nd defendant’s servant. They were duly cross-examined.…

…The burden of proving that there was no negligence on the part of the driver was clearly his.…