Manchester v Duggins

• Jurisdiction: Saint Kitts and Nevis
• Court: High Court (Saint Kitts and Nevis)
• Judge: Glasgow, J.
• Judgment Date: 30 August 1974
• Neutral Citation: KN 1974 HC 1
• Docket Number: No. 72 of 1972
• Date: 30 August 1974

High Court.

Glasgow, J.

No. 72 of 1972

Manchester

and

Duggins

Appearances:

N. Butler for plaintiff

Mrs. M Moore for defendant

Negligence - Traffic accident — Liability.

Facts: The plaintiff sought damages for damage sustained to his motor car in a collision with a vehicle driven by the defendant. Whether the defendant was negligent.

Held: That the collision was caused solely by the negligent driving of the defendant in driving on the wrong side of the road and in driving too fast in the circumstances. Judgment given for the plaintiff.

Glasgow, J.

1 The Plaintiff's claim against the Defendant is for damages for damage to the Plaintiff's Rambler motor car P 357 resulting from a collision allegedly caused by the negligent driving by the Defendant of the Defendant's motor car P 1716 on the 26 ^th December, 1971 along the Island main road in the vicinity of Camps Estate in the Island of Saint Christopher. The Defendant denied that he was negligent as alleged or at all, and counter claimed against the Plaintiff for damages, alleging negligence on the part of the Plaintiff.

2 The only eye-witnesses who gave evidence were the Plaintiff and the Defendant. In order to find the facts of this case I have had to depend to a great extent on the evidence of Cpl. Samuel Maynard who arrived on the scene soon after the accident.

3 The facts, as I find them, are as follows: On Sunday the 26 ^th December, 1971 the Plaintiff left his home at Dorset Village, Basseterre, driving his Rambler motor car P 357 along the Island main road towards Old Road. He was alone. At about 3.40 p.m. the Plaintiff was driving down Camps Hill at about 20 m.p.h. The Defendant, driving his Austin A 40 motor ear P 1716 at about 40 M.P.H. was approaching the...