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Haulier not negligent in theft case
Page 56
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A HIGH COURT judge found on Monday
that carriers of goods, from whose premises a lorry containing goods was stolen when stored overnight in a warehouse, were not negligent in failing to fit a burglar alarm to the premises or employ a night watchman.
The premises, and the lorry were held to have been left locked. A steering column lock was not locked.
Mr. Justice Roskill entered judgment, with costs, for the carriers, Sutch and Searle Ltd., of Asylum Road, Peckham, London, who had been sued by Presvale Trading Co. Ltd., of Leonard Street, London, owners of the goods.
The judge said the lorry driver had collected a load of carpets from the docks on October 3, 1962, and it was too late to take them to Swindon. He had backed the lorry into the defendant's garage under a railway arch leaving it pointing outwards ready for the journey the next morning. The outside double doors on the garage had been secured with hasp and heavy padlock and so had the inside doors. There was thus double protection of the entrance.