The respondent was driving along Great East Road when he was suddenly confronted by a water tank on an unlit trailer moving towards him in the middle of the lane in which he was traveling. He attempted to brake, but because of the load he was carrying his truck could not stop within a short distance, and, fearing collision with another truck on his left and in order to avoid this sudden obstruction, he swerved to his right where he collided with an oncoming bus which had been traveling only on parking lights. The water tank had come loose from another truck belonging to the appellant. The respondent then sued the defendant and judgment was given in his favor.
Held:
(i) The doctrine of res ipsa louitor applies where the thing that inflicted the damage was under the sole management and control of the defendant, someone for whom he is responsible or when he has a right to control, where the occurrence is such that it would not have happened without negligence and where there must be no evidence as to why of how the occurrence took place
