Billy Higgs and Sons Limited v Baddeley - [1950] NZLR 605

Negligence — Road Collisions — Overtaking Vehicle colliding with Rear of Vehicle ahead — Res ipsa loquitur — Driver of Overtaking Vehicle suffering Entry of Object into His Eye when commencing to overtake — Effect of Unexpected Change in Physical Condition of Driver not necessarily Negligence — Obligations upon Overtaking Drivers — Driver of Overtaking Vehicle, "Off Balance" at Critical Moment owing to Severe Pain, not Negligent — Inevitable Accident.

Practice — Appeals to Court of Appeal — Powers of Court of Appeal to draw Proper Inferences from Truthful Evidence, and reverse Findings of Trial Judge thereon.