Hauliers to Pay Damages
Page 31
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DAMAGES, with costs, in favour ot the owners of a 12-ton radial drill which was found to be damaged after being carried by road, were awarded against Annis and Co., Ltd., Hayes, Middx, in the Queen's Bench Division, last week.
Mr. Justice Ashworth :ound that the defendants, who had undertaken the transport and off-loading of the drill, had not used proper care and skill in unloading it at the premises of W. G. Watson (Welding), Ltd., Hayes. the plaintiffs.
In third-party proceedings, Annis and Co. had sought an indemnity against Wincanton Transport and Engineering Co., Ltd., Wincanton, Som, the owners of the vehicle. The judge found in favour of the third party and awarded them the costs of the proceedings.
His Lordship said that under an oral agreement the defendants agreed to find work for the third party's low-loading vehicle at a commission of 10 per cent., the third party to provide a crew and to maintain the vehicle.
In the agreement, there wa'S no express provision for responsibility for damages, but its nature gave rise to an implied term. in his opinion, the correct term to be implied was that the third party would be responsible for the negligence of their servants in the course of the execution of the contract.
In the present case, however, his Lordship found that the driver of the vehicle was wholly employed by defendants because the regular driver supplied by the third party was sick. As there had been no variation in the contract, the third party could not be held responsible for the negligence of defendant's driver.
The damages will be assessed by a High Court Master.
AC:DELCO ELECTRIC WIPER
AN electric windscreen wiper is now being manufactured by the A.C.Delco Division of General Motors, Ltd., and supplied to Vauxhall Motors, Ltd., who will fit it to Bedford A2 and A3 vehicles. It is a two-speed type, operating at 55 r.p.m. for normal rainy conditions and 90 r.p.m. for torrential rain or fog. It is self-parking and has inbuilt overload protection.
A.C,-Delco have also introduced a new speedometer of the vivid-arc type.