RUNNING WITHOUT REAR LIGHT NOT A " NUISANCE "
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T H .E question as to--whether a lorry
nn
ing slowly along a road in the
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dark hours with its rear light extinguished was a " legal nuisance " was answered when the Court of Appeal last week dismissed an appeal of Mr. Robert • fames Maitland, of Second Avenue, IVIorpeth, from the dismissal of his action for damages for personal injuries, by Judge Richardson at Blyth County Court..
• He sued Mrs. Elizabeth Ann Raisbeck, bus owner, of Westmorland Avenue, Bedlington, and Messrs. R. T. and J. Hewitt, of Spring Gardens, Morpeth, following a collision
1111210106,--near •Alnwick.between a bus belonging to Mrs..Raisbeck, in which he was a passenger, in the dark of the morning
• of Decernber'22, 1942, and a lorry, the rear light of which the judge found was not illuminated.
Judge Richardson found no negligence by either defendant and the question in the appeal was whether the lorry became a " nuisance " on ' the highway because the rear light was not operating.
-The Master of the Rolls said it was suggested that directly the rear light went out the lorry automatically became a " nuisance." Such a contention could not be Supported. It would have been diffeient if the lorry had been left standing on the road for a considerable time, but that was not the fact, and he agreed with Jud,ge Richardson when he rejected the " nuisance " suggestion.
Lords Justices MacKinnon a-ad Luxmore concurred.
CHAIRMAN'S COMMENTS AT DUCKHAM MEETING
THE chairman, Mr. Alexander Ducktiam, being absent Mr. G. T. Joyce presided at the 24th a.g.m, of Alexander Duckham and Co., Ltd., held on July 10. He said that Adcoids, for which, pre-war, the car owner was the biggest customer, are now in high favour for .commercial vehicles as a palliative for the corrosion and sticking of valves due to the present leaded fuel. The company's skin -cleanser had built up a great reputation over 30 years in reducing occupational dermatitis.
Jet propulsion, if it ousted reciprocating engines and turbines, would severely hit the lubricating-nil trade. Fortunately, one could not visualize such " noisy, burning, fiery furnaces " displacing our customary power units on roads, sea or in the air for other than military purposes.
The Petroleum Board has equitably and efficiently provided 'the trade with its requirements in basic material. He believed that no other war-time body had functioned so quietly and so well.
Success in the world's markets required low costs, resulting,• amongst other factors, from cheap raw materials and low operational expenses, the latter being chiefly governed py labour costs per unit produced. All of us will have to work harder and better than ever before, and what is received in pay will have to be what the market can afford, and not what we should like.
Let us hope, he added, that our efforts will not be cramped by the interference of inexperienCed and -theorizing bureaucracy.
COURT CASE ON LORRY'S BLAZING PARAFFIN LOAD
ABLAZING lorry, on which were 60 -barrels of liquid paraffin on their way from London to Leicester, was the subject of an action for breach of contract at the Notts Assizes, last week, before Mr. Justice Singleton. The plaintiff, Mr. Albert Edward Verling, trading as Messrs. A. E. Verling and Son, of London, sued Bradley's Transport, Ltd., of George Street, Nottingham, for damages for drums of liquid paraffin destroyed or damaged by fire while in transit, The value of the oil was gs51 13s. 10d.
Mr. T. N. Winning, for the plaintiff, submitted that Bradley's Transport, Evidence was given that Mr. Verling had paid the owners for the loss.
Mr. A. Ward, K.C., defending, submitted that there was no ease to an_swer. The only obligation on the defendant concern was to collect and deliver the plaintiff's goods.
Plaintiff alleged that defendant's driver was guilty of negligence, and that there was a breach of contract. Evidence was called for the defence to show that Bradley's Transport, Ltd., always understood that Messrs. Verling's deducted 2i per cent. for insurance.
Judgment was given for defendant. with costs.
ESSEX ROAD LOWERING: BUS OPERATOR SHARES COST ATtfw request of Hicks Bros., Ltd.. p.s.v. operators of Braintree, Essex County Council is to lower the ••rhad under a low railway bridge at Felsted to enable double-deck buses to pass safely underneath'. The cost is estimated at
000 and the company has agreed to pay half. LEEDS PLANS TO RAISE PASSE NGE R-VEFHCLE FAR ES
FARES-INCREASE .proposals recomMended by Leeds Passenger Transpost Committee for submission to the M.O.W.T., in the case of trams and ta the R.T.C. in the case of buses, gained approval by a majority of six votes at the city council's meeting which was held last week.
The proposed increases, which are being sought On the ground of trading loss resultant upon increases in costs, provide for the withdrawal of Id. ordinary fares on the bus and tram services. Ordinary tram fares, scaled on a mileage basis, would range from lid. for stages up to approximately two miles, -rising to a Maximum figure of 5c1. at 10 miles. Return tram faresfor workmen would range from 2d. to 7d. Bus fares would be revised conse. quent upon any 'approved revision of
tram fares, • Moving approval of the proposals.
Cousricillor F: Leach, chairman of th.e passenger transport committee, said thalt, in many cases, the Leeds undertaking's present fares were lower than during the 1914-1918 _war. As a result of the great increase in costs, the , department had incurred a trading loss for the first time in its 'history.
Moving an amendment, Alderman G. Brett remarked that many thousands of families had been forced to live on the extreme boundaries of the city, and more would have to do so, and he suggested that a fares system based on mileage would be unjust in operation, bearing most hardly on large sections of the public which were least able to' bear' the -increase. We would be prepared for the time being to give the undertakin,g assistance from the Rate Fund.
Alderman E. J. Clarke, speaking in support of the proposals, said that if borne by the rates the deficit would
mean a charge of Oct. in the on ratepayers.
The amendment was defeated by 51 Votes to 45, and the. Minutes, including the proposals • to raise fares were then confirmed. EXCESSIVE SPEEDS By DRIVERS OF MILITARY MOTORS DOCT_IMENTARY evidence of what he described as the danger caused by the excessive speeds of Service vehicles of all nations has been sent to Mr. Herbert Morrison, Home Secretary, by Sir Waldron Smithers, M.P., who asked, at the same time, what further steps it was proposed to take.
Mr. Osbert Peake, the Under Secretary, whilst thanking Sir Waldron' for• newspaper cuttings relating to an accident to •a Service vehicle in June last, stated in reply, that the matter is one which has been receiiring and will continue to receive the attention of Service authorities and the police.
.FISCHER BEARINGS ADOPT NEW ' TRADE MARK
WE are advised that the Fischer Bearings Co., Ltd., has now adopted " FI3C " as a trade mark. This company is entirely British and all its products are British-made throughout. The company is controlled by British Tirriken, Ltd., the tapered Jolter bearings manufacturer, t h e
boards of both companies being under the chairmanship of Mr. Michael Dewar. Mr. F. J. pascoe is deputy chairman and Mr. L. W. Moritz works 'director of Fischer Bearings Co_ Ltd.
BID TO PERPETUATE TRAMS AT BRADFORD VOLLOWING the abandonment of
still another section of Bradford Corporation's tramways system, the Light Railway Transport League has inserted in a Bradford newspaper an advertisement which evidently aims at the retention of the city's remaining tramways. The advertisement, which invites Bradford citizens " to consider the advantages .of a modern tramway system," puts forward four points in favour of trams and adds: " Further points will be given next week. In the meantime, cut this out and if you are interested (as you must be) let your councillor know that you are in favour of tramways."
The advertisement describes the Light Railway Transport League as " an honorary association working for the common' good.". HOME StCRETARY'S ASSURANCE ON VEHICLE LIGHTING'
MODIFICATIONS in the regulations governing vehicle lights have been and will be made whenever possible. This assurance was given, in Parliament last week, by the Home Secretary to Sir Ralph Glynn.
He had asked Mr. Herbert Morrison whether further consideration might be given to modifying the existing regulations for reduced lighting on :vehicles, thus reducing the risks of road accidents,.
SIMPLIFYING NOMENCLATURE FOR OVERHEAD GEAR THERE has been a lack of uniformity 1 amongst operators and makers concerning the terms used to describe fittings and assemblies forming overhead equipment for trolleybuses.
After consultation with the makers, a joint committee of the M.P.T.A. and P.T.A. has issued a pamphlet and three drawings, which can be obtained from the respective secretaries, at 2s. 6d. or the former and 2s. each for the latter, including postage.