BENIN J.
The plaintiff’s claim is for:
“General and special damages from the first and second defendants jointly and severally for the total loss of the plaintiff’s brand new Datsun saloon car which loss was caused by the negligence of the first defendant whilst driving the second defendant’s Peugeot car in the course of his employment as servant or agent or both of the second defendant.”
Following the accident and after police investigations, the first defendant was charged with some criminal offences arising out of the accident and put before a district court which found him guilty and sentenced him to a fine. This led counsel for the plaintiff in his address to make the following submission:
“The plaintiff’s evidence is again corroborated by the police report, exhibit D, which was tendered without dissent. Even though one might say that the narration of brief facts of the case is a matter of opinion, the conduct of the police leading to the conviction of the defendant in a criminal co…