Buckleys Estates Ltd v A.G.

• Jurisdiction: Saint Kitts and Nevis
• Court: High Court (Saint Kitts and Nevis)
• Judge: Glasgow, J.
• Judgment Date: 23 August 1977
• Neutral Citation: KN 1977 HC 8
• Docket Number: 57 of 1972
• Date: 23 August 1977

High Court

Glasgow, J.

57 of 1972

Buckleys Estates Ltd.

and

The Attorney General

Appearances:

C. F. Henville for Plaintiffs.

H. Browne Crown Counsel, for Defendants.

Negligence - Traffic accident.

Facts: Whether the defendant was liable in negligence for the collision which occurred between him and the plaintiff. Finding on the evidence that the plaintiff failed to prove the balance of probabilities that the collision was caused by the negligence of the defendant. Judgment given for the defendant.

Glasgow, J.

1 The first-named plaintiff is a Company registered under the laws of this State with its Head Office situate at Basseterre in the Island of Saint Christopher and is the owner of motor tractor P-1734. The second and third named plaintiffs are workmen and reside at Basseterre.

2 The first-named defendant is sued in his style and title and capacity as Attorney General of the State of Saint Christopher Nevis and Anguilla pursuant to the provisions of section 13(2) of the Crown Proceedings Ordinance (Cap. 22 of the Laws of the State) and was the owner of motor truck P-2866. The second named defendant at all material times was the servant or agent of the first named defendant.

3 It is alleged in the Statement of Claim that on the 30th May, 1972 the said tractor P-1734 was lawfully being driven eastwards along the public road from the siding at Stone Fort towards the West Farm Transfer siding and was pulling two carts full of cane. It is further alleged that as the tractor approached the bottom of the hill opposite to Garveys Estate, motor truck P-2866 driven by the second named defendant and travelling from East to West at a fast speed negligently ran into and severely damaged the said motor tractor P-1734, and caused injuries to the second and third named plaintiffs.

It is alleged in the Statement of Claim that the second named defendant was negligent in that he -

• (1) drove too fast

• (2) drove on the wrong side of the road

• (3) failed to keep any proper look out

• (4) failed to apply his brakes sufficiently or in time or at all or to manoeuvre P-2866 so as to avoid hitting motor tractor No. P-1734.

4 Paragraph 5 of the Statement of Claim purports to give particulars of special damage suffered by the first named plaintiff as follows:-

• “(1) Estimated cost of repairing motor tractor No. P-1734 —$3,800.00

• (2) Loss of use of P-1734 (Hire of tractor for 8 weeks at $225.00 per week, while tractor P-1734 was being repaired —$1,800.00

5 TOTAL —$5,600.00.—

6 The first named plaintiff failed to state in the Statement of Claim the relief or remedy which it claims, as required by O. 18, r. 15(1) of the Rules of the Supreme Court, 1970. The other two plaintiffs give particulars of special damage and specifically claim damages.

7 The facts of the...