AZU CRABBE J.A.: This is an appeal against the judgment of Archer J., 12 November 1964, unreported; digested in (1965) C.C. 6, whereby £G3,100 damages together with 200 guineas costs, were awarded against the first and second defendants (appellants) jointly and severally, in favour of the plaintiff (respondent).
The action was brought by the plaintiff, a female infant, aged nine years, by her mother as next friend, claiming damages from the two defendants jointly and severally for personal injuries sustained by her through the negligence of the second defendant (a driver), who as agent or servant or both of the first defendant (lorry-owner), drove a Morris vehicle one and a half ton weight, registration No. AE 7814 on 3 November 1962, without due care and negligently knocked down the plaintiff. The issues which were formulated for trial were: (1) whether or not the second defendant was negligent; (2) whether or not the defendants were liable; and (3) whether or not the plaintiff was en…