APALOO J.A.
At about 5.30 a.m. on 13 February 1967, an accident took place at Nsaba on the Oda-Nsaba road. The first appellant, who was then driving vehicle No. GE 6148, knocked down and instantly killed a pedestrian, one Madam Ama Kate Gyaduah. She was then carrying on her back her baby boy Kofi Yesu. He died with his mother. On the third anniversary of their deaths, that is 13 February 1970, the respondent, who claims to be the administrator of the estates of both deceased, issued against both appellants a writ claiming damages for the benefit of the estates of the deceased.
The first appellant was sued as the tortfeasor and the second appellants who were owners and masters of the first appellant were sued on the principle of respondent superior. It was alleged that the accident occurred through the negligent driving of the first appellant. Both appellants filed a defence in which they denied negligence. They said the deceased crossed the road in a curve so suddenly that it was impos…