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It is conceded on both sides--1 think rightly--that the defendants' liability must depend on whether the 2nd defendant was guilty of negligence in driving the lorry al the lime of the accident.

5. Winfield defines negligence as "the breach of a legal duly lo lake care which results in damage, undesired by the defendant, to the plaintiff" It involves three ingredients a legal duty lo take care, breach of that duty, and consequential damage to the plainliff. The accident and the injuries lo the 1st plaintiff are not in dispute. Only the first two ingredients are disputed.