Rogers 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 9
• Docket Number: 85 of 1972
• Date: 23 August 1977

High Court

Glasgow, J.

85 of 1972

Rogers

and

The Attorny General

Appearances:

C. F. Heriville for plaintiff.

H. Browne, Crown Counsel, for defendants.

Negligence - Traffic accident — Liability.

Facts: Whether the defendant was negligent in causing the collision which occurred between the bus driven by the plaintiff and the car driven by the defendant. Finding that the accident was caused by the sole negligence of the defendant in driving on the wrong side of the road and for failing to keep a proper look out. Judgment given for the plaintiff.

Glasgow, J.

1 The plaintiff's claim against the defendants is for damages for damage allegedly caused to the plaintiff's motor omnibus H3018 on the 2nd September, 1972 through the negligent driving by the second named defendant (then the servant or agent of the first named defendant) of motor truck P2866 owned by the first named defendant, and for loss of use of the said motor omnibus.

2 In their Defence the defendants denied that they or either of them. were negligent as alleged or at all. They also denied that the alleged or any injuries, loss or damage were caused by the alleged or any negligence whatever of the defendants or either of them. They averred that such injuries, loss or damage were caused or contributed to by the negligence of the plaintiff. However, they did not admit the alleged injuries, loss or damage.

3 The facts, as I find them, are as follows: The plaintiff was at all material times the owner of motor omnibus H3018. On Saturday the 2nd September, 1972, between 9 and 10 a.m., one Adolphus McCoy, the plaintiff's driver, was driving the plaintiff's said motor omnibus from Basseterre to Sandy Point via Challengers and Old Road. There were about eight passengers in the said omnibus. When the omnibus arrived in the area known as Lynches Ghaut, not far from...