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Another "Owner's Pay Case

14th March 1952, Page 34
14th March 1952
Page 34
Page 34, 14th March 1952 — Another "Owner's Pay Case
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Which of the following most accurately describes the problem?

A NOTHER ease in which-. the In question whether proprietors' remuneration should be included in profits when assessing compensation carne before the Transport Arbitration Tribunal on Monday. Messrs. Spillers Transport Services Coronation Road, Southville, Bristol, claimed £15,887 compensation for cessation of business: the Road Haulage Executive's offer was £1,545.

. Mr. T. D. Corpe, for Spitler's, said that the business was a family concern with five partners. They agreed how the weekly profits were to be shared, and drew out each week what 'they estimated had been earned, unless some exceptional demand had to be prOvided for.

The vehicles carried goods from the docks to the railhead, and in the afternoon went to Evesham, returning with fruit and vegetables. The Evesham run, which went on without interruption from 1930, was "a little gold-mine," said Mr. Corpe. The firm was paid £3 per ton.

Compensation had been assessed on profits over the three years 1946-48. Mr. Corpe submitted that 1947 had been an abnormal year, because of bad weather. Potatoes were rationed that A32 winter, and green vegetables were destroyed by frost. Consequently, revenue seriously diminished and there was a large decline in profit.

• The Executive „produced a surprise witness before the Tribunal on Tuesday. He was Harold Frederick Smith; Rynal Street, Evesham, who • said he was formerly employed by Mr. J. L. Marshall, whose transport firm were competitors 'to Spiller's on the fruit and vegetable run from Evesham to Bristol.

He was questioned about Spillers contention that in 1947 bad weather prevented the carriage of fruit and vegetables for a long period, resulting in reduced profits. Mr. Smith said that although there were hold-bps during the winter, the latter part of the year was good. In any event, some growers at that time were taking out C licences. Cross-examined by Mr. Corpe, Mr. Smith said that he was first asked to give evidence for the Executive at 6.30 p.m. on Monday, and had travelled to London on Tuesday. He had been told, on Tuesday morning, that he might be asked to deal with the effect of bad weather on business.

Mr. Corpe: "You have not had very much time to think about it?" Mr. Smith; "No.


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