Coach Owners Not Liable for Boy's Action
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THE Court of Appeal last week clis1 missed an appeal by a 12-year-old boy against the dismissal by Mr. Justice Lynskey, at Warwick Assizes, of an action against Kendrick's Transport, Ltd., coach owners, of Brewery Street, Dudley. The plaintiff's face was severely burned when an explosion was caused by another boy throwing a lighted match into the empty petrol tank of a coach.
The plaintiff claimed damages for negligence in leaving the coach where children could reach it, and claimed also, on the principle of. Rylands V. Fletcher (1868), that the coach, in its condition at the time, was a potentially dangerous object. Mr. Justice Lynskey decided in favour of the defendants on both grounds (The Commercial Motor, August 5).
Lord Justice Singleton said it was clear that the defendants had done all they could to keep people off their land. Before putting the coach on the park where the accident occurred they had emptied its petrol tank. They also had a regular system of inspection for all the vehicles in, the park. Mr. Justice Lynskey's finding was clearly right.
Referring to the rule laid down in Rylands v. Fletcher, Lord Justice Singleton said that, assuming that the coach was a dangerous object and that the rule referred to a case of personal injuries, the rule did not apply where there had been . a conscious and deliberate act by some third 'person over whom the defendants had no control.
It was contended that children who did not realize the nature of what they were doing were not such third persons, but he saw no reason for limiting the class of person.
Lord Justice Jenkins and Lord Justice Parker agreed. leave to appeal was refused:
MARKYATE BY-PASS STARTED
EXPECTED to finish in 12 months' time, work has begun on the building of a by-pass around Markyate, the nototious 15 m.p.h. bottleneck on the AS road in Hertfordshire.
The by-pass will be 11 miles long and 60 ft. wide overall.
Other works on the AS include the improvement of the five-mile stretch between Fosters Booth and Weedon, and the construction of a by-pass at Lough ton, Bucks.
"TAX MOBILE SHOPS" A SUGGESTION that mobile shops r-1 should pay a duty equal to the rates paid by tradesmen for their premises, instead of a Ss. hawker's licence, has been made by Tonbridgc Chamber of Trade. The Chamber has complained to the town council about the increasing numbers of mobile shops operating in the district. The cciuneil are reviewing the matter.