PREMPEH, J.: In this case, the plaintiff claims against the first defendant as owner and against the second defendant as hirer of Renault car No. ER 132 the sum of £G505 being amount of damage suffered by the plaintiff when his Mercedes Benz car No. AG 1234 was involved in an accident with the said Renault car No. ER 132 as a result of the negligent driving of the second defendant.
The plaintiff withdrew against the first defendant after the latter's defence had disclosed no cause of action against him, and for the purpose of this judgment, the second defendant shall hereafter be referred to as "the defendant."
By his statement of defence, the defendant denied that the accident was caused by his negligence, and he pleaded in the alternative that if even he was negligent, which he denied, the accident was caused by the contributory negligence of the driver of the plaintiff’s car No. AG 1234.
The facts of the case are that on or about the 20th October, 1961, the plaintiff was travelling in…