148 THE LEEWARD ISLANDS GAZETTE. [5 August, 1954 *

is any traffic approaching. I did that. When J looked left the front part of my car was partly in the
intersection of Long and Market Streets. When I saw the speed of the truck which was then in front
of Viera’s rum shop, I apprehended danger. I then put on my brakes. Had he been travelling at
normal speed he would have been able to stop.... I stopped in the middle—right where I was—in the

hope that he would have stopped. Had I gone on he would have hit me right alongside......... I do not
recollect hearing truck’s horn—but I saw the truck. I did not blow my horn; 1 was travelling very
slowly.”

While the speed at which Merchant’s truck was travelling before the accident may not have
been as high as 40 miles per hour it is apparent from the evidence as a whole (including the tyre marks
on the road after the accident—and not ignoring the weight of the truck) that it was being driven ata
speed of not less than 25 miles per hour and that it was not slowed down before reaching the corner.

There was no road signal or traffic line at any part of the junction of the two streets in
question, The driver of the truck said he signalled that he was going straight through, down Long
Street, but I am not persuaded that either driver gave any signal.

Exhibit D—to which Christian referred in his examination in chief, and about which so much
has been heard in this case—is an undated notice purporting to be issued by J.R.A. Branch, Traffic
Commissioner. It reads thus:—

TRAFFIC NOTICE

In the City of Saint John’s all streets ranning North and South (except East Street) are
STOP STREETS and all streets running East and West will have right of way except at
their junctions with Kast Street when proceeding Hast.

This means that drivers of all vehicles when travelling ulong streets running North and
South MUST STOP at all intersections with streets running East and West and satisfy
themselves that the passage is all clear.

It is not possible to mark every corner, but drivers must observe this rule of the road at
all intersections whether marked or not.

This should greatly reduce and should entirely stop the unneccessary blowing of horns at
every corner in: the City and eliminate collisions.

At nights when headlights are on it is unnecessary to blow horns.

The speed in the City is—
For Motor Cars soe 20 miles per hour.
For Omnibuses and Trucks es 15 miles per hour.

J. R. A. Brancn,
Traffic Commissioner,

According to Corporal Osborne of fhe Traffie Department, Police Force, the notice was
published in the local newspapers and, in 1945, copies were given to drivers upon being issued with
licences. A copy of “ The Antigua Star” bearing date 30th October, 1948, which was put in evidence,
includes a notice (also purporting to be be made by J. R. A. Branch, Traffic Commissioner,) which
contains the first four paragraphs of Exhibit D. But, as in the case of Exhibit D, the authority under
which the newspaper notice was issued is not stated; and it would seem that some drivers respect and
obey these notices while others do not.

Only a few months ago the Court of Appeal for the Windward Islands and Leeward Islands

held, in Camacno v Byron (leeward Islands Gazette, 3lst December 1953), that the T raffic
Commissioner was not vested with proper authority to erect any road signal; furthermore, the notices
produced in the present case would appear to be at variance with and repugnant to regulation 19 (7) of
the Vehicles and Road ‘Traffic Regulations, 1946, which provides that every driver “shall, when
approaching turnings and cross roads.......slow down and make the appropriate traffic signal ’—drivers
on the streets running east and west in the City of St. John not being excepted.
For the purposes of this case it is unnecessary to say any more about these “ Traffic Notices”:
the question to be decided here is not simply whether any regulations or directions, statutory or non-
statutory, have been infringed by either party or his agent, but—‘‘ Whose negligence was it that
substantially caused the injury?” And on looking at the matter in that way, | have not the slightest
doubt that whether or not Christian did the right thing in not stopping at the junction, or in beginning
to cross Long Street before looking to left as well as to right, or in not blowing his horn, or in stopping
his car when he did, “the real, direct and effective cause” of this accident was the negligence of the
driver of Merchant’s truck: he approached the intersection of the two streets ata grossly excessive
speed, all things considered, and failed to keep a proper look out for traffic along Market Street, or to
keep his truck under proper control. That was “the efficient, the proximate. the clecisive cause “
of the collision; I do not think it can properly be said to have been caused by the negligence of both
parties substantially.

In suit No. 16 of 1951 judgment will be entered for the defendant with costs. In suit
No. 20 of 1951 judgment will be entered for the plaintiff for §760 (which includes $40 for additional.
expenditure incurred by the plaintiff through having to hire cars) and costs.

W. A. Dare,
28th July, 1954. Puasine Judge.