Read the full judgment text of CACV 000049/1974 on BabelCite. This Court of Appeal judgment was delivered on 21 February 1975.
2. The learned judge said that there were two possible explanations of the opening of the car door, one that there was a defect in the locking mechanism, "in which event the car was not road-worthy and the Defendant was in the circumstances of this case liable in negligence" and one that a passenger moved the catch lever. The judge found that each of these explanations was equally possible and that in consequence it was equally possible that there was no negligence as that there was negligence.