The Mudcat Café TM
Thread #86672   Message #1615290
Posted By: GUEST,noddy
28-Nov-05 - 05:14 AM
Thread Name: Obit: The sad passing of Common Sense
Subject: RE: Obit: The sad passing of Common Sense
What about this case

A man buys a new car and on the way home the engine cuts out and cars stops. He restarts the car and drives on a short while later it happens again. He returns to the garage where he bought it and explains what happened. they tell him to leave it with them and they would fix it. Next day he goes to collect it and is told they can find nothing wrong with it. They tested everything and nothing showed . They suggested it was an intermittent fault and would disappear with use . If not bring it back and they would try again.
He left the garage and drove home ,on the way the car cut out again this time on a crossing. he could not get it to restart and could not push it off the railway lines. Noticing a phone box nearby he went to phone the garage to come and help and collect the car. While making the call a train came down the line hit the car ... the car hit the phone box and him killing him. His relatives sued and won.

Who did they sue.

The car manufacturer, the garage, the railway, the train driver?????














They sued the phone company. The decision was based on that if a car was on the line and hit by a train it was likely the car would hit the phone box and should not have been put there.

True case