Tyre unsuitable, rules judge in crash case
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• A Dunlop 9.00 by 20 p.t. tyre fitted to a British coach employed on a Continental tour was unsuitable for that type of work, ruled a High Court judge on Friday. Mr. Justice Thesiger said that its unsuitability was the primary cause of the tyre bursting, which led to the crash near Sens, France, in June 1961, in which two people on the coach were killed and 28 others injured.
Pronouncing judgment after a trial lasting 13 days (CM last week), Mr. Thesiger awarded damages of £5,250 with costs to Mr. and Mrs. Sidney Dobson of Brighton who had sued Hove Travel Agency Ltd. for injuries suffered by them in the crash. Judgment was against the travel agency who had operated the coach, Arlington Motor Co. Ltd. from whom the coach had been purchased and AEC (Sales) Ltd., the chassis builders, who were each held one-third to blame. All three companies had denied liability.
The judge also held that Hove Travel Agency Ltd. could recover £8,732 from Arlington Motor Co. Ltd. in respect of the wrecked coach, hire of a substitute vehicle and other expenses. A stay of execution was granted pending a possible appeal.
Mr. Justice Thesiger refused Arlington's
claim for indemnity against AEC, however. Arlington did not make it known to AEC the purpose for which the chassis was required, he said.
Reduced agreed damages of £1,540 in another action were awarded to Mrs. Ena Cotton, of Ditchling Road, Brighton, for injuries suffered by her husband, driver of the coach Mr. John Cotton. He died of natural causes last year.
The judge said that the bursting of the tyre was contributed to by under-inflation, and by a minor impact which would not have had a deteriorating effect on a suitable tyre. A scientific examination of the tyre was taking longer than expected and might prove inconclusive, he said. If there was an appeal it would be open to the parties to ask for an examination of the tyre by way of new evidence.
Brum s PTA nominees
• Birmingham City Council has elected the following nominees for the West Midland PTA: Mr. F. F. Griffin, leader of the council; Sir Frank Price. leader of the Labour group; Mr. D. J. Lewis, chairman of the transport committee; Mr. B. H. Watton. Mr. K. H. Barton. Mr. D. G. Bevan. Mr. E. F. Hanson. all members of the transport committee: Mr. J. G. Dean; Mr. C. H. Edwards.