Hub Taxicabs Ltd v Lee

• Jurisdiction: Caribbean States
• Judge: Rennie, J.A.
• Judgment Date: 23 October 1959
• Docket Number: Appellate Jurisdiction. No 6 of 1959
• Court: Federal Supreme Court (West Indies)
• Date: 23 October 1959

Federal Supreme Court

Rennie, Archer, J.A. Wylie JJ.A.

Appellate Jurisdiction. No 6 of 1959

Hub Taxicabs Ltd

and

Lee

Appearances:

Sir Courtenay Hannays, Q.C., and Mr. R. Hamel-Smith, Instructed by Messrs. Hamel-Smith & Co., for the plaintiffs-appellants.

Mr. H.O.B Wooding, Q.C., and Mr. E. Hamel Wells, instructed by Messrs. Pollonais and Blanc, for the defendant-respondent.

Negligence - Contributory Negligence — Appeal — Accident involving two motor vehicles — Apportionment of blame

Facts: Plaintiff's taxi collided with the defendant's car. Trial judge found that appellant's negligence was sole cause of accident. Plaintiff appealed on ground that respondent was contributorily negligent

Held: For respondent to be contributorily negligent plaintiff had to show that respondent was negligent and his negligence contributed to the accident. S42 (1) of Cap. 3 No.1. of the Judicature Ordinance requires this. Plaintiff failed to show the above. Appeal dismissed with costs to the respondent.

Rennie, J.A.

1 This appeal arises out of a collision on South Quay, Port-of-Spain, on the 2 ^nd March, 1955, in which the appellants' taxicab and the respondent's motor car involved.

2 The collision came about in this way – the respondent's car was parked on the northern side of South Quay facing east with two other motor cars parked behind it, it was driven off and turned south with a view of entering the southern half of the dual driveway known as South Quay – the appellants' taxi cab as being driven along the northern half of the dual driveway and collided with the rear right wheel of the appellants' car. The point of impact was 27 feet south of the northern kerb of South Quay and 103 feet from the start of the drag mark made by the appellants' taxicab. The respondent's car is operated from the left-hand side.

3 After reviewing the facts, the learned judge of the Court below stated “I am satisfied that the driver of the plaintiff's car was travelling at a fast rate of speed on the wrong side of the road without keeping a proper look out and that his negligence in these matters was the sole cause of the accident”.

4 Sir Courtenay has no complaint with the findings of the learned trial judge insofar as they relate to the appellants' negligence. His sole point is that the respondent was also negligent and should be made to bear a portion of the damages resulting from the collision. He contends that the respondent's...