Apaloo J.A. At about 6.30 p.m. on 20 September 1970, a head-on collision took place between an Opel saloon car and a timber truck on the Konongo-Agogo road. The accident occurred in a bend and proved fatal. Both drivers died from injuries they received from the accident. The timber truck was then carrying a number of logs. Besides the appellant and the driver, two other persons rode in the Opel car.
The appellant, who I shall hereafter call the plaintiff, was then sitting by the driver of the Opel car and sustained fairly serious injuries. He accordingly instituted an action in the circuit court to recover damages for his injuries. He based himself on the fact that the deceased driver of the timber truck, who was the defendants' servant, was negligent. He said that at about 6.30 p.m. while their car was in a bend from Juansa en route to Konongo, the timber truck suddenly emerged. It was travelling in their lane and drove into the Opel car. The defendants' version of the accident seems …