State Of Punjab And Anr. vs Guranwanti on 22 March, 1960
29. Bearing in mind the principles referred to above it is clear that the plaintiff cannot be held to be guilty of contributory negligence in the circumstances of this case. It is true that in crowded streets of big towns the passengers, who are adult are expected to keep their limbs within the carriage and contributory negligence may be inferred in certain circumstances if they fail to take this safety measure but here we are dealing with a case where the plaintiff was iniured while moving on a highway outside the limits of the town. In such a case even a man of ordinary prudence would rest his elbow on the window sill and he cannot be expected to foresee any harm to himself in doing so. The learned trial Judge was, therefore, in error in holding that the plaintiff was negligent in resting her elbow on the window sill and this was the proximate cause of the accident.