No Fixed Law on Drivers' Duties
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nUTIES of a driver varied according
to circumstances, and there was no universal law which imposed complete burden of responsibility on him, said Mr. Justice Stable in the Queen's Bench Division on Monday.
His 'lordship dismissed a claim for damages by Mr. Frederick Drew, dock labourer, Orbain Road, London, S.W.6, against the British Transport Commission in respect of a broken leg he suffered in March, 1954, when he fell from one of their lorries loaded with barrels at the premises of Convoys, Ltd., his employers.
His lordship said that practically the whole of the particulars of negligence, which had been denied, were directed against the loading of the lorry. There was also an allegation of a failure by the driver to warn against any defect or danger in the load.
Much time in the hearing had been taken up with the question of the driver's-duty to direct unloading. Such a case would have failed, as the driver was not allowed to take any part in the unloading.
" After dismissing the claim, his lordship said: " During the course of this ease a certain amount of so-called evidence was given, which consisted not of evidence of fact, but somewhat elementary, erroneous instruction in relation to the transport of goods by van.
" It was said there is a universal duty imposed on the driver of a particular load. I want to say this: generalities are very dangerous, particularly when dealing with this particular subject, and generally land one in error.
" If the load is of a kind and by reason of its size, bulk and weight, it cannot be shifted by hand and there is unloading tackle and staff available at the point of destination, the position differs from the arrival of smaller loads at a private house.
"The treatment offered in a farmyard to a, load of hay or a flock of sheep would obviously differ. If people have the idea there is some sort of universal law which imposes 100-percent. burden of responsibility on the driver, the sooner they get rid of that idea the better."
GOVERNMENT TRAFFIC SHIFTED FROM ROAD TO RAIL
SERIOUS concern is being felt among certain hauliers over the effects of the Government's .request to various departments to transfer foodstuffs and other traffics from road to rail. Tonnages that operators have been deprived of arc thought to be much more than the fuel shortage warrants, and it has become difficult to find return loads.
It is understood that the matter was raised at last week's meeting of the consultative committee set up to advise the Minister of Transport on problems arising from rationing.