Lord Atkin.:-

This is an appeal by the plaintiff from a decision of the West Indian Court of Appeal who reversed a decision by the Chief Justice of Trinidad and Tobago giving judgment for the plaintiff for 1,773.88 dollars and costs. The action was brought for damages for personal injuries caused by the negligent driving of a motor vehicle by the servant of the defendant. The defendant called no evidence at the trial and the facts are, as stated by the Chief Justice, uncontroverted. In Port of Spain, Trinidad, two roads, Roberts Street and French Street, cross at right angles, Roberts Street running east and west, French Street north and south. Roberts Street on the west side of the junction is 28ft. 3in. wide, narrowing to 20ft. 2in. as it leaves the junction. French Street is 26th. 10in, continuously. About 10-30 P.M. on 12th October 1938, the plaintiff, a man aged 61, was riding his bicycle from north to south down French Street, intending to cross the junction and continue down the street. A short distance before he left the northern end of French Street he observed the glare of the lights of a motor vehicle on the west side of Roberts Street, but did not look in that direction