SMITH Ag.J.
Reluctantly, I have come to the conclusion that the plaintiff has not established his case in this action. It is unfortunate, I think, that there is not some legislation in force in the Gold Coast corresponding to the Law Reform (Contributory 'Negligence) Act, 1945. This case has to be dealt with by consideration of what was the proximate cause of the accident and the consideration of the doctrine formerly referred to as'' last opportunity."
I do not pay much attention to the fact that after the accident the plaintiff was smelling of alcohol; that by itself is not proof of drunkenness, but, nonetheless, I am not accepting the suggestion that when he was knocked unconscious by the taxi he was given alcohol as a restorative.
The difficulty of the plaintiff's case is the conflict of evidence.
Take the following differences. The plaintiff says he saw the taxi coming towards him when he was twenty-five yards off; that he was standing on the untarred portion of the road (at the…