JUDGEMENT OF THE COURT
This is an appeal by the defendants from a judgment and decree of the superior court (Wambilyangah, J) dated December 6, 1993 in a suit by the plaintiff (respondent) in which he claimed damages for injuries he sustained as he attempted to board the first appellant’s motor vehicle registration number KUD 378 (the vehicle).
The facts of the case are brief. On February 16, 1988 the respondent while he attempted to board the vehicle, the second appellant suddenly drove off causing the respondent to fall off and sustain personal injuries. The respondents denied negligence and, in the alternative, pleaded contributory negligence. The injuries and damages were also in issue.
The driver’s own version of the accident as testified to by him in cross-examination was as follows:-
“The bus was full. Other passengers were standing. I do not know how many passengers there were. I do not know the capacity of the vehicle..... I do not know where in the bus he was at that time. I rel…