APALOO J.A.: The appellant was a passenger on a Bedford lorry which belonged to the second respondent. While en route to Tamale from Agona, Ashanti, on 6 July 1960, this lorry which was then in charge of the first respondent, was in collision with an Albion truck which belonged to the government. The appellant sustained severe injuries from this accident and is permanently disabled thereby. She therefore brought an action against the respondents in the High Court, Tamale, to recover damages on the ground that the injuries she sustained were occasioned by the negligent driving of the first respondent.
The facts alleged by the appellant were disputed and it is therefore necessary to relate the divergent stories told by both sides. According to the appellant, she boarded the first respondent’s lorry at Agona in the late afternoon of 5 July 1960. When the lorry got to Yeji, it was too late to cross the ferry, so she, as well as the other passengers on board the lorry, stayed the night at Y…