IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN COMMON LAW

CLAIM NO. C.L. L 1 16/93

BETWEEN COURTNEY LOGAN CLAIMANT

AND CHIN'S HAULAGE

CONTRACTOR COMPANY LTD. FIRST DEFENDANT

AND EARL POWELL SECOND DEFENDANT

CONSOLIDATED WITH

CLAIM NO. C.L. G 190193

BETWEEN OS WALD GORDON CLAIMANT

A lV D CHIN'S HAULAGE

CONTRACTOR COMPANY LTD FIRST DEFENDANT

AND EARL POWELL SECOND DEFENDANT

Christopher Samuda instructed by Piper & Samuda

for the Claimants

Garth McBean instructed by Dunn Cox for the Defendants

Heard: 251h, 26th, 27th March, 2nd May 2003 and 1 4 ' ~M ay, 2004

DUKHARAN, J

The cause of action in both claims is for negligence, nuisance or

breach of statutory duty.