Driver to Refund Employers' Damages
Page 39
If you've noticed an error in this article please click here to report it so we can fix it.
DRIVER who had an accident in a shooting brake while in the service of his employers was ordered at Birmingham Assizes last week to pay them £9,360. They owned the vehicle and had paid damages arising from the accident in an earlier action.
The employers, Semtex, Ltd., a subsidiary of the Dunlop Rubber Co., Ltd., claimed the recovery of the damages from Mr. John Gladstone, Trinity Road, Handsworth, Birmingham, on the ground that the accident was due entirely to his own negligence.
According to Mr. Justice Finnemore, the Road Traffic Act did nothing to interfere with the general law existing between servant and master.
Gladstone was employed by Semtex, Ltd., as a supervisor, said Mr. Justice Finnemore, and in March, 1951, when he was supervising a job at Nottingham, it was arranged for him to drive the workmen to and from work in a shooting brake owned by the employers.
He was involved in a serious road accident on March 7, 1951, and one of the workmen was killed and others injured. Subsequently, actions were brought against Semtex, and damages and costs of £9,360 were awarded against them.
In his view of the law, said the judge, a master was entitled to recover damages from his servant if the damages were due to the servant's negligence and there had been no negligence on the part of the master.
SOUTH AFRICAN IMPORT PLANS uAVING been allocated £24m. for motor imports this year, South African buyers are expected to purchase 9,500 goods vehicles and 300 buses. The allocation is similar to that for 1953 and provides film. for new vehicles and £7m. for spares and garage equipment.
Motor assemblers in South Africa have built up a substantial export business to the Rhodesias and other neighbouring territories. Last year they exported 2,600 goods vehicles.
BUS COMPANIES LOSE APPEALS A PPEALS by four big bus companies r-1 against the grant of licences to Robin Hood (Coaches), Ltd.. for a group of new express services from Nottingham have been rejected by the Minister of Transport, Ribble Motor Services, Ltd., and Lancashire United Transport, Ltd.. objected to a service to Southport, and Trent Motor Traction Co., Ltd.. and North Western Road Car Co., Ltd.. to services to Southport and Morecambe.
The appellants were ordered to pay the costs.