GRUNSHIE V. YEBOAH AND ANOTHER

BRUCE-LYLE J.: In this case the plaintiff claims from the defendants jointly and severally damages based upon the negligent driving by the first defendant’s lorry. The particulars of negligence are enumerated in paragraph 4 of the statement of claim. In paragraph 3 of the statement of defence the defendants joined issue with the plaintiff on these allegations or particulars.

The plaintiff’s case is that on the 6th July, 1960, she was a passenger on a Bedford lorry No. AN. 4947 driven by the first defendant and owned by the second defendant, and travelling from Ashanti Agona to Tamale, and that on a straight motor road on the outskirts of a village called Gyiraturu, she noticed an on-coming vehicle. There was a narrow culvert between the two vehicles and when the vehicle of the first defendant was about 70 yards from the culvert, the on-coming vehicle, an Albion truck driven by P.W.3, stopped about two yards from its side of the culvert to allow the first defendant to cross the culvert.…