[1964]DLHC1928 • April 20, 1964 • High Court
MENSAH vs. APPIAH AND ANOTHER
The plaintiff's mother, the late Sussana Adu, was injured on 10 June 1961 when she was knocked down by a city council refuse vehicle driven by the first defendant. She was taken to hospital where her right leg was amputated due to severe injury and infection. She later died two months after the accident. The plaintiff claimed damages under the British Fatal Accidents Act 1846, alleging negligent driving by the first defendant caused the injuries leading to death. The defendants denied negligence and causation of death.
read moreJUDGMENT OF DJABANOR J. I do not know that I can say much about the plaintiff, but I can certainly say that her mother, the late Sussana Adu was a hardworking and dutiful woman. On 10 June 1961 at about seven or eight o’clock in the morning she was, as is the practice in our communities, taking the chamber pot used by her grandchildren to the public lavatory for disposal when she was knocked down by one of the city council refuse collecting vehicles and severely injured. The vehicle was at the time being driven by the first defendant, the city council’s driver. Sussana Adu was taken to the central hospital for treatment, where two days later her right (the injured) leg was amputated. Two months later she died. The plaintiff, the daughter of the said Sussana Adu, is now claiming damages under the British Fatal Accidents Act 1846,1 on the ground that the accident occurred through the negligent driving of the said driver Yaw Appiah, and that Sussana Adu died as a result of the injuri...