Harrington N.O. v Transnet Limited trading as Metrorail and Others

The appellants were security guards employed by Kuffs Security Services CC and deployed to patrol electric cables along Metrorail’s railway lines between Cape Town and Woodstock. On the night of 3 February 2002, after scheduled train services had ended, they were patrolling near the tracks when Metrorail dispatched an unscheduled train for repairs without warning them. The train, driven by Mr Human, approached from behind in dark and windy conditions. Despite sounding the siren and braking, the train struck both appellants, causing serious injuries, including brain damage to the first appellant. The appellants sued Metrorail and the driver for negligence. Metrorail joined Kuffs as a third party based on an indemnity agreement.

The appeal succeeded against Metrorail but failed against the train driver. The order of the Full Bench was set aside. Metrorail was held liable for the appellants’ damages and costs, the claim against the driver was dismissed, and Kuffs was ordered to indemnify Metrorail in terms of their contract.

The case is significant for clarifying the duty of railway operators to take positive steps to protect non-employees who lawfully work near railway lines, especially where the operator has superior knowledge of risks. It affirms that omissions can ground delictual liability where policy considerations and foreseeability justify imposing a legal duty, and it provides important guidance on contributory negligence where a plaintiff’s belief is based on experience.