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Tractor Owners Liable for Accident

14th February 1958
Page 52
Page 52, 14th February 1958 — Tractor Owners Liable for Accident
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Which of the following most accurately describes the problem?

DAMAGES of £1,250, with special damages of £352 35. 4d., were awarded at Worcester Assizes, last week, to a man whose right leg was trapped when a trailer on which he was sitting suddenly reversed_ lie was Mr. Edward Lawson West, Hampton, Evesham, who claimed the damages from S. Byrd and Sons, Ltd., fruit merchants, Evesham, and Mr. Walter George Pritchard, Evesham.

Mr. West said the accident took place last October, when he was helping to collect boxes of apples from an auction. He believed the crop had been bought by Mr. Pritchard, who was using a tractor and trailer belonging to Byrd's. The outfit was being driven when he jumped on to the trailer to steady some boxes. Suddenly the trailer reversed while his legs were dangling, and his right leg was fractured.

Mr. West agreed that he had been instructed by Mr. Pritchard not to dangle his legs over the trailer. In evidence, Mr. Pritchard maintained that the outfit was owned by Byrd's and he was in no way responsible for it at the time.

Mr. J. Garrard, for Byrd's, submitted that there had been contributory negligence, as Mr. West should have been alive to the fact that his legs were in danger. Mr. J. F. Bourke, for Mr. Pritchard, submitted that he had no case to answer.

In his judgment, Mr. Justice Elwes said be considered the driver of the outfit had been guilty of negligence, and his standing employers were liable for the accident. A medical report had suggested that although Mr. West at present-suffered only a slight stiffness in his leg, arthritis was likely to develop within a few years. He decided that only Byrd's were liable, and awarded costs against them to both Mr. West and Mr.. Pritchard.

DAIMLER-BENZ EARN £151m. 'TOTAL turnover of Daimler-Benz A.G.

in 1957 amounted to approximately 1,785m. D-Marks (£151m.), the 1956 figure being just under £140m. Exports were worth £62m.

Commercial vehicle production rose from 38,400 units in 1956 to 43,000 units in 1957. Daimler-Benz exports of trucks and buses of 1-3-ton payload comprised half the total German exports in this class for last year, whilst in the range of trucks of more than 3 tons payload .the Daimler-Benz exports figure accounted for 70 per cent. of the overall German sales.

P.O. SPECIFY WINKING LIGHTS

WNKING-LIGHT direction indicators are to be fitted by the Post Office to the future Morris 5-cwt. vans. Such equipment has been found easier to maintain than semaphore indicators, but it is not intended to convert the existing vehicles.

Five Morris-Commercial 30-cwt. vans, two with petrol engines and the remainder oilers, are to be tested in service at London district offices for the purpose of comparing fuel-consumption rates.

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