APALOO J.S.C.
This is an appeal from the judgment of Prempeh J. (as he then was) delivered on 29 April 1963. By that judgment, the learned judge awarded in favour of the respondent (hereinafter called the plaintiff) damages under the Fatal Accidents Acts. The facts of this case present hardly any difficulty and the substantial issues which were fought before the court below and before us are issues of law. But in order that these issues may be appreciated, it would, I think, be in order to relate the facts briefly.
The plaintiff, who has since died, was the mother of the late William George Ayitey Bulley. The latter was in his lifetime employed as the chief driver of the Department of Public Construction. On 26 June 1961, while at work in the yard of the Department of Public Construction, he was knocked down and fatally injured by a tipper truck driven by the first defendant and owned by the second defendant company. Mr. Bulley succumbed to his injuries and died the same day. The plaint…