Abraham v Choo Jit Fung and Another

• Jurisdiction: Singapore
• Judgment Date: 26 July 1965
• Date: 26 July 1965
• Docket Number: Civil Appeal No 44 of 1964
• Court: Federal Court (Singapore)

Abraham

Plaintiff

and

Choo Jit Fung and another

Defendant

[1965] SGFC 1

Barakbah CJ (Malaya)

,

Wee Chong Jin CJ

and

Tan Ah Tah FJ

Civil Appeal No 44 of 1964

Federal Court

Tort–Negligence–Contributory negligence–Child run down by car while crossing road–Whether failed to keep proper lookout–Whether contributorily negligent–Tort–Negligence–Damages–Fracture of left femur and loss of spleen–Whether damages awarded excessive

The first plaintiff/respondent was knocked down by a car driven by the defendant/appellant as she was crossing the road with three other school children. She was then seven years and ten months old. As a result of the accident, she sustained a fractured left femur and a ruptured spleen, and had to undergo an operation to remove the spleen. A medical report produced at trial stated that “the removal of the spleen might be of quite serious consequences were the person to suffer from malaria or other blood dyscrasia”. The trial judge found the appellant to be negligent and awarded the first respondent $6,000 as damages. The appellant appealed on the grounds that there was no evidence or insufficient evidence of negligence on his part, and that, in any event, the first respondent was guilty of contributory negligence. The appellant also challenged the quantum of damages awarded.

Held, dismissing the appeal:

(1) There was overwhelming evidence that the appellant was negligent. He had failed to keep a proper lookout while driving and had not seen the children crossing the road: at [4].

(2) There was nothing irregular or unsatisfactory in the manner the first respondent crossed the road. Given the facts of the present case, a child of the first respondent's age could not be held to blame for the accident in any way: at [6] and [7].

(3) Damages in the sum of $6,000 was an appropriate award to cover a fracture of the left femur and loss of a spleen. The award was not excessive in light of the evidence that the first respondent might suffer from serious consequences if she were to suffer from malaria or other blood dyscrasia, and the pain and suffering that she had to go through as a result of the operation: at [9].

K E Hilborne (Hilborne & Co) for the appellant

H E Cashin (Murphy & Dunbar) for the respondents.

Wee Chong Jin CJ

(delivering oral judgment):

1 This appeal arises out of yet another running down action in which a young girl, at the time of the accident aged seven years and ten months, one...