‘A’ went to a railway station to meet his daughter, who was arriving by train. As he walked along the platform at which the train had arrived, looking into each compartment for his daughter, he slipped on an oily patch, which he had not seen and fell sustaining injury. ‘A’ claimed damages from the railway company for negligence. Decide.
A could claim compensation from the Railway Company for negligence.
‘Negligence’ is the breach of a legal duty by omission to do something which a reasonable man would do or by doing something which a reasonable man would not do. So negligence arises from nonfeasance or misfeasance. It is not necessary that the duty neglected should have arisen out of a contract between the plaintiff and the defendant.
In the given case the defendant Railway company has been negligent in not keeping the platform safe for people who use the railway station. The defendant company cannot raise the plea of contributory negligence on the part of the plaintiff because he could assume that the defendant Railway Company would be careful in keeping the Railway Platform safe without oily patch.
If the plaintiff has the right to assume that the defendant would not be negligent, then he need not take much care or caution. So, he is not contributorily negligent. Hence, the defendant railway company is liable to compensate A for negligence.