Evelyn v Marsham

• Jurisdiction: Saint Kitts and Nevis
• Judge: Glasgow, J.
• Judgment Date: 13 April 1972
• Neutral Citation: KN 1972 HC 6
• Docket Number: No. 15 of 1969.
• Date: 13 April 1972
• Court: High Court (Saint Kitts and Nevis)

High Court

Glasgow, J.

No. 15 of 1969.

Evelyn

and

Marsham

F.E. Kelsick for plaintiff.

Mrs. M. Moore for defendant.

Tort - Negligence — Traffic accident — Liability — Whether the defendant was negligent in causing the accident.

Damages - Personal injury — Minor cut.

Facts: The defendant was the driver of a bus and the plaintiff the driver of a car. An accident occurred which was caused solely by the negligence of the defendant, the defendant having failed to keep a proper look out and having swerved and collided with the car driven by the plaintiff.

Facts: The plaintiff sustained a minor cut on the head being involved in a traffic accident with the defendant. The defendant was found liable for the accident.

Held: Judgment given for the plaintiff.

Held: Plaintiff awarded $40.00 for the injury.

Glasgow, J.

1 The plaintiff's claim against the defendant is for damage, injury and loss allegedly suffered by the plaintiff as a result of the negligent driving by the defendant of the defendant's motor bus C.N. 1819 on the 2nd February, 1969, on the public road at Old Bay, St. Kitts, whereby it ran into the plaintiff' s car C.N. 679.

2 In his defence the defendant denied that he was negligent as alleged or at all, and he did not admit the alleged injuries, loss or damage. By way of counterclaim, the defendant alleged that the plaintiff negligently reversed his said car along the main road at Old Road Bay and struck the defendant's said bus when the said bus had been brought to a stop on the left hand sides of the road.

3 The plaintiff is and was at all material times the manager of Stone-fort Estate, St. Kitts and the owner of Rambler motor car P 679 formerly C.N. 679. The defendant is and was at all material times the owner-driver of Thames motorbus H 1819 formerly C.N. 1819.

4 On the 2nd February 1969 a collision occurred on the public main road at Old Road Bay, St. Kitts, between the plaintiff's said car and the defendant's said bus. The plaintiff and his witness Norman Warner stated in evidence that the collision occurred when the plaintiff's car was parked on its left side of the road facing East and at the time that Warner's car, proceeding westward, was passing the plaintiff's car. The defendant and Daisy Pyke, one of his witnesses, on the other hand, said that the plaintiff's car was travelling in reverse and that the defendant's bus was stationery and on its left side of the road facing East when the collision occurred. Rudolph Isles, another of the defendant's witnesses, said that the plaintiff's car was reversing, and that the defendant's bus was travelling forward, at the time of the collision. The witnesses Pyke and Isles were among four passengers who were in the defendant's bus at the time of the collision.

5 The facts, as I find them, are as follows: On Sunday, the 2nd February, 1969 at about 10 a.m. the plaintiff was driving his said...