BAKER Ag.J .A.
The original action was brought by the plaintiff against the defendants (jointly and severally) for damages "in that on or about November 11, 1953, the first defendant, being in the employ of the second defendants, while driving the second defendants' lorry on John Sarbah Road, Takoradi, in the course of his employment negligently drove the said lorry into the plaintiff's lorry" causing the damage more particularly set out in the plaintiff's statement of claim.
At the hearing of the case before the Divisional Court, Sekondi, the plaintiff deposed, inter alia, “that on the 18th November, 1953, at the hour of 8 p.m. he was sitting in his lorry, which was stationary on its correct side of John Sarbah Road with parking lights on, when the first defendant driving a lorry crashed into him damaging his, the plaintiff's lorry, beyond repair and causing injuries to him."
The first defendant gave evidence and deposed" that I was responsible for the accident; that when the accident h…