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R.H.E. Manager's Appeal Succeeds A CONVICTION by Liverpool magistrates of Sidney

2nd May 1952, Page 32
2nd May 1952
Page 32
Page 32, 2nd May 1952 — R.H.E. Manager's Appeal Succeeds A CONVICTION by Liverpool magistrates of Sidney
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George Rushton, manager of the Nottingham pardels group of the Road Haulage Executive, for causing a vehicle to be used in a dangerous condition, was quashed by the Queen's Bench Divisional Court, last week.

It was contended that Rushton had no personal knowledge of the condition of the vehicle concerned and that there was no evidence that he caused it to be used in what the magistrates found to be a dangerous condition. He was under no personal duty to inspect each vehicle daily.

Mr. Justice Oliver said that as the magistrates found that Rushton was not personally negligent, the Court could not understand how he came to be convicted. He was not the driver's employer and his appeal would be allowed with costs.

SELLING ICE-CREAM TO MUSIC A T Sheffield Quarter Sessions, last t't week, the conviction of a woman who used a musical box to attract customers to her ice-cream sales van was quashed, with costs. Mrs. Rose Monfredi, Borough Road, Sheffield, had been fined £1 by Sheffield magistrates for using a noisy instrument for the purpose of selling ice-cream on a Sunday to the annoyance of residents and passengers. The prosecution was brought under a by-law.

It was stated that the musical box played "Auld Lang Syne" as the vehicle moved and ceased when the van stopped.

Mr. N. L. Macaskie, Q.C. the Recorder, said there was no evidence that the noise made by the instrument caused annoyance to anyone.