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Damages — negligence — proof — article damaged through defendant's negligence — claim for cost of repairs — what must be shown by plaintiff
A vehicle belonging to the defendant collided with an electricity pole at the defendant's hotel causing an electrical blackout and resultant damage to some electric motors. The driver of the vehicle was admittedly negligent. Repairs were carried out on the motors. The plaintiff sought to rely on the account from the repairer to establish the quantum of damages. ?
Held, that where a person claims damages arising out of repairs following damage caused by another's negligence, he must show that the repairs were necessary and that the cost of the repairs was fair and reasonable. The repairs must also be shown to be necessary to bring the article back to its pre-accident condition. It is not enough for the plaintiff merely to produce an account from the repairer. Without such evidence, the damages cannot be proved.
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