Jacobs v Transnet Ltd t/a Metrorail and Another

On 13 November 2006 a high-speed commuter train operated by Metrorail collided with a stationary truck at the Croydon level crossing near Somerset West. The truck had stalled on the tracks after obeying a stop sign. Nineteen occupants of the truck were killed and others, including the appellants, were seriously injured. The crossing was uncontrolled, with limited signage, partial visual obstruction, and a train speed limit of 90 km/h. The appellants sued Transnet and its commuter rail entity for damages, alleging negligence. The High Court dismissed the claims, finding no negligence. The appellants appealed to the Supreme Court of Appeal.

The appeal was upheld. The High Court’s order was set aside and replaced with an order declaring the respondents jointly and severally liable for the appellants’ proven damages arising from the collision, and ordering them to pay the costs of suit and the appeal.

The case is significant for reaffirming principles of negligence in delict, particularly in the context of railway safety and level crossings. It clarifies that compliance with internal manuals or minimum standards does not absolve a railway operator from taking reasonable steps to prevent foreseeable harm. The judgment also provides important guidance on the role, objectivity, and evaluation of expert evidence.