Privy Council Court February 1941 Judgments

Olga Hall Vs. Kingston and Saint Andrew Corporation

Court: Privy Council

Reported in: AIR1941PC103

Lord Justice Luxmoore: On 13th November 1934, Olga Hall, who was then about seven years old, acting by her father as her next friend sued the Kingston and St. Andrews Corporation (hereinafter called the Corporation) for damages for personal injuries. It was alleged that the injuries were caused on 15th June 1934 by the negligent driving by one Mortimer Brown an employee of the Corporation of a cart marked k. s. A. C. No. 11, one of the wheels of which passed over and crushed the plaintiff's foot. The Corporation denied that any injury was caused by the cart because no part of it ever came in contact with the plaintiff. The Corporation also alleged that on 15th June 1934 the cart in question was being driven by Mortimer Brown on behalf of the Council of the Corporation under and in obedience to and in execution of duties imposed on the Council by S. 22, sub-s. (2) (a) of the Public Health Law, 1925, of Jamaica and that the cart was the property of the Council and Mortimer Brown was the ...