GRUNSHIE vs. YEBOAH AND ANOTHER [1961]DLHC5389

Date	1961-11-27
Suit No.
Citation No.	[1961]DLHC5389

BRUCE-LYLE J.

E. O. APPIAH FOR THE PLAINTIFF.

OWUSU YAW FOR THE DEFENDANTS

[1961]DLHC5389
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													<main id="main" class="content" style="min-height: 60rem" ><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#548DD4">GRUNSHIE <o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#548DD4">vs. <o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#548DD4">YEBOAH AND ANOTHER<o:p></o:p><span style="font-size:10.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#548DD4">&nbsp;[HIGH COURT, TAMALE]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

<p class="MsoNormal" align="center" style="margin-bottom:5.0pt;text-align:center;
mso-pagination:none;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0in;mso-padding-alt:0in 0in 1.0pt 0in">[1961] GLR 725&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;&nbsp;DATE:<span style="font-size:10.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0"> 27TH NOVEMBER, 1961.<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid black 1.5pt;
padding:0in 0in 0in 0in">

E.
O. APPIAH FOR THE PLAINTIFF.<o:p></o:p>

OWUSU
YAW FOR THE DEFENDANTS.<o:p></o:p>

</div>CORAM: <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid black 1.5pt;
padding:0in 0in 0in 0in">

BRUCE-LYLE J.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF
BRUCE-LYLE J.<o:p></o:p>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.<o:p></o:p><o:p>&nbsp;</o:p>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. When the first defendant’s lorry was emerging from the
culvert he drove his vehicle into the stationary Albion truck. As a result of
this impact the plaintiff sustained injuries which have permanently impaired
her from carrying on her normal trade as a dealer in smoked river fish and
meat. It is the plaintiff’s case that the first defendant drove his vehicle
without reasonable care and did not keep a proper lookout and failed to stop to
avoid running into the stationary truck, and therefore drove negligently. To
substantiate the negligence alleged, the plaintiff’s case is that the first
defendant drove his vehicle at the unreasonable speed of 40 to 50 miles per
hour.<o:p></o:p>The second defendant has not given evidence but by the statement
of defence there appears to be no denial of the fact that the second defendant
was at the material time of the accident the owner of the Bedford lorry No. AN.
4947 and that the first defendant was the servant of the second defendant. In
short the second defendant stands or falls by the first defendant. The first
defendant has given evidence denying all the allegations of negligence and has
said in his evidence that he drove his vehicle at a reasonable speed of 25 to
30 miles per hour, and that the on-coming vehicle, i.e. the Albion truck driven
by P.W. 3, on getting to the culvert suddenly went across the road, and that
his vehicle coming out of the narrow culvert ran into the side of the Albion
truck. The first defendant in his evidence has said that P.W. 3’s vehicle was
not stationary ‘on its proper side before the impact.<o:p></o:p><o:p>&nbsp;</o:p>The claim for damages will only succeed if negligence on the part
of the first defendant is proved by the plaintiff. On the issue of negligence
the plaintiff should prove negligence by the first defendant. I agree with
counsel for plaintiff that once negligence on the part of the first defendant
is proved it is immaterial whether the driver of the Albion truck was also
negligent. In this case I find that it is necessary to resolve two issues to
enable this court to decide whether the first defendant was negligent. The
first issue being who was the author of this accident and the second, did the
first defendant contribute negligently to this accident?<o:p></o:p><o:p>&nbsp;</o:p>On these issues there is the evidence of the plaintiff herself
that the Albion truck driven by P.W. 3 stopped about two yards from his end of
the narrow culvert when the first defendant’s vehicle was 70 yards from the
culvert. There is also the evidence of P.W. 3, the driver of the Albion truck,
that he stopped on his near side about four to five yards from his end of the
culvert. From the evidence of these two witnesses it is quite clear that P.W. 3
stopped his vehicle very close to the narrow culvert. P.W. 3’s reason for so
stopping was no doubt to allow the first defendant to traverse the culvert. I
find as a fact that P.W. 3 was nearer the culvert than the first defendant and
that if he did not intend to give way to the first defendant to driv</main>