Rail agency not liable for passenger's fall from moving train

© Provided by Pretoria News

Pretoria – A commuter’s claim that negligence by the Passenger Rail Agency of SA (Prasa) caused him to fall from a moving train shortly before it reached a station was dismissed by the Gauteng High Court, Pretoria yesterday.

The incident occurred in July 2017.

Justice Zihor told the court he fell from the train while it was approaching the platform at Kopanong station in Soshanguve. As a result, he broke three bones in his left leg.

He said he had a valid ticket and was travelling from Mabopane to Pretoria.

Before the train reached Kopanong, he said, some passengers from the back coaches of the train came through to the coach he was in. As a result of the pressure from these passengers, he was pushed through an open door of the coach and fell out before the train reached the platform.

He testified that he fell on top of a concrete slab alongside the railway tracks.

According to Zihor, the train had no doors and windows, or straps to hold on to. He did not remember what happened after he fell and only woke up in hospital the following day.

Zihor said that when he fell from the train, there were a number of people, including passengers on the train, who saw him fall, but he could not identify anyone.

He claimed that he had boarded the train around lunch time, but it only departed at around 3pm.

He told the court that Prasa was negligent because it had failed to maintain the train and ensure the safety of its passengers.

However, paramedics said Zihor was fully conscious when they arrived at the scene, and spoke to them.

According to the paramedics, the incident happened at night, as they were only called to the scene after 8pm. They found Zihor lying on the ground next to the tracks.

They testified that they could at first not locate the injured man at the station, but later found him some distance away.

Zihor had claimed he was pushed out at the platform of the station as the other commuters tried to rush out of the doors.

A Prasa security officer told the court that after the fall, Zihor told him that he had boarded the train at Mabopane station. When he realised that it was not going to stop at Kopanong, he opened the doors while the train was in motion and decided to jump off.

Judge Nomonde Mngqibisa-Thusi found that given the time of the fall, when the emergency services were called to the scene, Zihor could not have been on the train he claimed he was on.

Further, he was on a non-passenger train, which did not stop at any of the stations it passed on its journey.

The judge said Zihor was an unimpressive witness, particularly when taking into account inconsistencies in his evidence.

He could not explain how he boarded the train at around 2pm, yet the fall only happened later that night.

She accepted Prasa’s version that he illegally boarded a non-passenger train that evening, and when he realised it did not stop where he wanted to disembark, he simply jumped off.

Pretoria News

Internet Explorer Channel Network
News Related


Dubai property of the week: Dh14m One at Palm Jumeirah apartment has Miami vibes

© Provided by The National The apartment has great views of the ocean and Dubai Marina skyline There is no doubt that the UAE is home to some spectacular properties. ... Read more »

Floods prompt evacuation in Davao City, Cebu Province, Aklan amid heavy rains

© Unang Balita Flood in Sogod, Cebu. Unang Balita Over a thousand of residents were evacuated from their homes due to the flooding caused by the heavy rains in Cebu ... Read more »

Karnataka: Two suspected cases of AY.4.2 COVID-19 variant identified in Bengaluru

© Provided by Zee News Bengaluru: Two suspected cases of AY.4.2 variant of the novel coronavirus have been identified and the samples have been sent to a laboratory for genome ... Read more »

Will He, Won't He? Capt Amarinder Singh May Bid Final Adieu to Congress Today, Launch New Party

© Provided by News18 Will He, Won’t He? Capt Amarinder Singh May Bid Final Adieu to Congress Today, Launch New Party A bitter feud for power, resignation of an old ... Read more »

NIA verdict likely today on 2013 serial blasts at Narendra Modi rally in Patna

© Provided by Hindustan Times Prime Minister Narendra Modi addresses during the inauguration of the medical colleges, in Siddharthnagar on Monday. The NIA is expected to give a verdict on ... Read more »

IIM CAT Admit Card 2021 to release today, check how to download at iimcat.ac.in

© Provided by Zee News New Delhi: Indian Institute of Management Common Admission Test (IIM CAT) Admit Card 2021 will be released on Wednesday (October 27). Candidates can download the ... Read more »

RPSC prelims 2021: Mobile internet, SMS service suspended in Jaipur for 4 hours

The Rajasthan government has suspended mobile internet, bulk SMS and access to social media services in Jaipur in the wake of Public Service Commission (RPSC) exam. The RPSC RAS preliminary ... Read more »

Robby, a line-painting robot, blazes trail on UBC sports fields

A little robot named Robby is blazing a trail — literally — on athletic fields at the University of British Columbia in Vancouver. © Paul Joseph/UBC Robby is an autonomous ... Read more »

A local's guide to Glasgow: five great things to do

Artist Annie Hutchinson has fallen in love with Glasgow since moving there to live and work three years ago. Food The West End is one of the glitziest bits of ... Read more »

Video shows raw sewage being pumped into harbour in Hampshire for 49 hours

Untreated sewage being released in Langstone Harbour, Hampshire Read more »

Man arrested for threatening Rep. Matt Gaetz

A California man was arrested for threatening Rep. Matt Gaetz in January, 2021. picture alliance / Consolidated A California man was busted for threatening to kill Rep. Matt Gaetz and ... Read more »

Knicks will win many games if they play like they did in this one

The shooting? That part will come and that part will go. We saw that on stark display the last two Knicks games, both against the Magic. In Orlando, they were ... Read more »

State trooper, canine partner find woman along I-495 after she fled from an ambulance

© Submitted State Trooper Ken Hanchett and his canine partner, Orry, were credited with finding a woman who fled from an ambulance on a ramp to I-495 on Tuesday in ... Read more »

Gunman in Idaho shopping mall shooting spree dies of injuries

Law enforcement officers collect evidence near the scene of a shooting at the Boise Towne Square shopping mall in Boise, Idaho By Steve Gorman (Reuters) – A man who opened ... Read more »

First Drive: Is the third-generation Audi RS 3 the best yet?

What is it? (Audi) The hot hatch market has evolved considerably in the past decade. Not too long ago, the idea of more than 300bhp in a compact car was ... Read more »

Bigg Boss 15: Jay Bhanushali was being stupid in his stand over the prize money, feel fans — view poll results

© Provided by BollywoodLife.com Bigg Boss 15 is turning out to be an interesting season. One of the contestants who has left people with mixed feelings is Jay Bhanushali. Honestly, ... Read more »

Kajal Aggarwal's birthday post for her 4 year old nephew proves she will make the coolest mom

© Provided by Pinkvilla Kajal Aggarwal’s nephew Ishaan Valecha turns 4 today, October 27. Sharing a priceless photo of her playing chess and giving high-five to Ishaan, Kajal wrote, “Happiest ... Read more »

Kathryn Hahn's Joan Rivers biopic The Comeback Girl cancelled

© Provided by Cover Media Kathryn Hahn A limited series starring Kathryn Hahn as Joan Rivers has been cancelled. Last month, executives at Warner Bros. Television confirmed that the WandaVision ... Read more »

Two New Stars Coming To Chicago Med

YouTube/NBC While its sister show “Chicago Fire” has said goodbye to fan-favorite Matthew Casey (Jesse Spencer), it looks like the cast of “Chicago Med” may be getting a little larger. ... Read more »

Vaccination of all minors aged 12 to 17 to begin as early as November 3

Vaccine czar Sec. Carlito Galvez at Oct. 19, 2021 briefing The vaccination of all minors aged 12 to 17 years old nationwide against COVID-19 may start as early as November ... Read more »

NHS Test and Trace was £37 billion flop that failed to stop Covid spreading, MPs admit

TAXPAYERS have wasted an “eye-watering” £37 billion on NHS Test and Trace, according to a new report. The report by the Public Accounts Committee (PAC) found the vast sum was ... Read more »

Bill Murray Just Finished Shooting A Marvel Movie And It May Be His Last

BAKOUNINE/Shutterstock Since its inception in 2008, the Marvel Cinematic Universe has grown to have a place for as many members of the Marvel Comics roster as possible. From Iron Man ... Read more »

Horrifying story of lioness driven ‘insane' and left scarred by banging her head against cage in zoo from hell

AN abandoned lioness was driven “insane” after she and six other animals were left to rot at a zoo in Armenia. Three lions, two bears and two guinea pigs were ... Read more »

Rust Armorer Enraged Nic Cage With 'Rookie' Behavior On Set

Featureflash Photo Agency/Shutterstock A lot of uncertainty still surrounds the accidental shooting and death of cinematographer Halyna Hutchins on the set of the Alec Baldwin film “Rust.” It’s a very important ... Read more »

Corona-Strategin des Ex-Präsidenten packt aus: Trump hätte Tod von 130'000 Amerikanern vermeiden können

Trumps Corona-Strategin Deborah Birx schiesst gegen den Ex-Präsidenten. Hätte er auf die Empfehlungen und Strategien seines Teams gehört, wären mindestens 130’000 Corona-Tote nie verstorben. © imago images/ZUMA Wire Trump hätte ... Read more »

iPhone-Hersteller produziert eigene Autos – so sehen sie aus

© Foxconn Unter dem Brand Foxtron will Foxconn ins E-Auto-Geschäft einsteigen, etwa mit dem kompakten Model C. Kurz nach der Ankündigung ehrgeiziger Pläne zeigt der taiwanesische Elektronik-Hersteller Foxconn nun seine ... Read more »

Mum of triplet boys left with £500 of girls clothing after scan mix-up

A FIRST-time mum of triplet boys has been left with £500 of girlie clothing after five sex scan mix-ups. Gina Dewdney, 34, was elated when she was repeatedly told that ... Read more »

Curtain falls early on Hilary Mantel play amid uncertainty over 'ever-changing environment' during Covid pandemic

The Royal Shakespeare Company has cancelled a planned extension of playProduction of The Mirror And The Light to end on Nov 28 amid Covid uncertaintySpeculation of measures to prevent Covid, known as ‘Plan B’, has risen recently Read more »

Lyft driver allegedly cocked gun on councilwoman's husband

A Missouri Lyft driver allegedly pulled a gun on Councilwoman Lisa Clancy’s husband. Pavlo Gonchar/SOPA Images/LightRocket via Getty Images A Missouri Lyft driver allegedly pulled a gun on a St. ... Read more »

The Real Reason Anya Taylor-Joy Sang A Capella For Last Night In Soho

Matt Winkelmeyer/Getty Images One of the most highly anticipated movies of 2021 isn’t a superhero flick or a big-budget blockbuster with cars flying out of airplanes. It’s a deep-rooted psychological ... Read more »

Adams, Sliwa close debates with barbs, kind words and ranking of de Blasio

Eric Adams said Curtis Sliwa needs “discipline,” if he wants to run NYC. Eduardo Munoz/Pool Photo via AP The two major candidates vying to be the next mayor of New ... Read more »

Beijing Games organisers say virus 'biggest challenge', 100 days from start

Beijing Winter Olympics organisers said Wednesday that protecting the Games from the coronavirus is the “biggest challenge”, as China races to stamp out an outbreak 100 days before the event ... Read more »

No precision to determine income cutoff for quota

© Provided by Hindustan Times The bench of justices Dhananjaya Y Chandrachud, Vikram Nath and BV Nagarathna had last week sought to know what study was done to arrive at ... Read more »

Eternals Actor Speaks Out About The First Gay Superhero In The MCU

Alberto E. Rodriguez/Getty Images Marvel’s “Eternals” is poised to storm into theaters and make history on a variety of fronts — as the first MCU movie directed by an Oscar-winning ... Read more »

Who's running, Joe? Biden says ‘Trump' 24 times during Va. stump for McAuliffe

President Joe Biden referred to former President Donald Trump while campaigning for Democratic gubernatorial candidate Terry McAuliffe at a rally in Arlington, Virginia on October 26, 2021. AFP via Getty ... Read more »

Crippling £18bn cost of Plan B: Treasury issues grim warning to Boris Johnson over possible reintroduction of Covid curbs

Reintroducing Covid curbs could cost the economy £18bn, government warnedThe figure leaked from a secret paper drawn up by Cabinet Office and TreasurySaid the restrictions would make little difference to the spread of the disease Read more »

Gogglebox's Amy Tapper reveals her family could make epic return to show after quitting for Celebs Go Dating

GOGGLEBOX star Amy Tapper has hinted that she may be returning to the hit channel 4 show in the future. The 21-year-old took to her Instagram stories to respond to ... Read more »
On free-english-test.com you will find lots of free English exam practice materials to help you improve your English skills: grammar, listening, reading, writing, ielts, toeic