JUDGMENT OF CHARLES J.
In this action the plaintiff claims the sum of £G1,000 as damages for injuries suffered by him as a result of the negligence of Kodjo Gbeddie an employee of the Regional Organisation of the Upper Region, while he was driving motor vehicle No. NG 54 in the course of his employment.
The plaintiff was a passenger in the front seat of motor car No. SG 9619 which was being driven by Bogna Frafra on 16 September 1963 from Bawku to Bolgatanga along a laterite road at about 35 miles per hour. The driver Bogna Frafra says that he was approaching the market place about four miles from Bolgatanga when he saw a tipper truck driven from a bush road onto the main road. He sounded his horn to warn the driver of the tipper truck which was about twenty yards away from him but the tipper truck did not stop but rather went onto the middle of the road and turned right. It was when the truck was in the process of turning right that the accident occurred. The car was totally wrecked and the plaintiff sustained injuries. The front of the car was hooked onto the rear of the truck which dragged it about twelve feet away from the point of impact. The plaintiff's evidence as to the cause of the accident was corroborated by the plaintiff’s first witness.
Kodjo Gbeddie, the driver of the tipper truck No. NG 54 stated that on 16 September 1963, he was driving the truck from Bolgatanga [p.522] to Tamale to collect gas oil and petrol. He left the Regional Office, Bolgatanga, at about 10.15 a.m. and he drove the truck towards Zuarungu market to collect a travelling bag for his brother. As the truck approached the Bolgatanga and Bawku main road he brought it to a stand-still and sent his mate to collect the bag. Before he drove the truck onto the main road he looked to the left and to the right to see if any vehicle was coming along the main road but he saw no vehicle. While he was driving the truck onto the main road he saw a lot of dust in the Bawku direction and that a Peugeot car was coming towards him. He stopped the truck when it was halfway on the road and he later heard an impact. He applied his handbrake, came down from the truck and noticed that the front of the Peugeot car had hit the left rear tyre of the truck. Kodjo Gbeddie stated that if Bogna Frafra was not driving very fast he could have avoided the accident.
Under cross-examination Kodjo Gbeddie admitted that there was no bush on the left or right side at the junction of the main road and the
