ABSTRACT
Perhaps it is useful to begin this chapter with an illustrative example in order to set the context for the examination of the case-law to follow. The operator of a tram fails to observe an oncoming train before crossing a set of railway tracks. One of the tram’s passengers, who is standing on its rear platform, sees the oncoming train and, fearing an imminent collision, jumps off the platform and sustains serious physical injuries. In the meantime, however, the tram operator has seen the train, accelerates and succeeds in getting the tram safely across the railway line just as the train rushes by. No other tram passengers are injured. Should the injured passenger’s act in jumping from the tram be considered a novus actus interveniens in these circumstances?1
