Beruflich Dokumente
Kultur Dokumente
• Salleh Abbas:
– “Can Felda now turn around and say it was not liable to the injured
occupant because it did not build the kongsi-house? In our view, it
cannot. Although Felda did not build it, it allowed to be erected and
used by the weeding labourers, whose work benefited Felda, and
although it had control and supervision of the scheme and well-being
of the labourers, Felda did nothing to ensure that the kongsi-house
was safe for them to live in. It only allowed it to exist and be used.
– In our view, this is not enough. It most go further and see that they are
complied with.”
• App maintained on their lands large ponds for tin dredge-mining operations.
They separated each ponds with bunds (embankment street). The ponds
were above ground level. Water flow from one pond to another by means of
spillways. The land was located in an inclined valley.
• A large breach in the bund between two large ponds, which together held
nearly 500mil gallons of water, caused a violent outflow to the lower lands.
This caused extensive damage to life and property to the adjacent lands.
BURDEN OF PROOF?
• Although P could point to the safety wheel coming off the monorail
train, he is unable to state precisely why the wheel had come off…
therefore clear to me that the plaintiff had made out a prima facie
case of negligence on the part of the first and second defendants.