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Smoky Exhaust Case Dismissed

11th December 1959
Page 53
Page 53, 11th December 1959 — Smoky Exhaust Case Dismissed
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ASUMMONS against Crossley and Sons, Ltd„ Middlesbrough, for causing a lorry to emit excessive smoke, was dismissed at West Hartlepool, last week, following a claim that the wording of the summons was incorrect.

Defending, Mr. John Bloom said that there was nothing in the regulations about the wording of a summons. The regulations made no mention of maintaining a vehicle in a particular condition, neither did they refer to the question of taking reasonable steps.

After the magistrates' clerk had con stilted the regulations, Mr. Bloom agreed to the summonses against the company and Charles Kenneth Snowden, Cornfield Road, Stockton, the driver, being amended. Snowden was fined £3.

Mr, Bloom submitted that there was no case against the driver because it had not been proved that the smoke was dangerous to other road users. The company, he said, had no knowledge of the lorry's condition, so could not be responsible.

Snowden said that several drivers had passed him in a normal manner.


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