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Copper loss claim disputed

15th March 1968, Page 46
15th March 1968
Page 46
Page 46, 15th March 1968 — Copper loss claim disputed
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• Evidence was concluded in the High Court on Monday in a case in which James Holden Junior (Crumpsa II) Ltd., transport contractors of Bower Street, Newton Heath, Manchester, claimed £5,421 from Lloyd's underwriters following the loss of copper rods which Holden was transporting by lorry from Manchester to Buckinghamshire.

Mr. Justice Donaldson was told that the lorry, with its 10-ton load of copper, was stolen in London early on June 13 1966. The driver who had brought it from Manchester left it unattended to seek his relief driver. It was stolen in five minutes and discovered later in another part of London with the load of copper gone.

The insurers rejected the contractors' claim on the grounds that the lorry should not have been left unattended and that there were no keys to lock it.

Mr. James Holden, a director of the plain

tiff firm, said he had a system for handing over by drivers all along the line. He did not know that the key of this lorry had been lost, but even had he known he would not have taken the lorry out of service.

Mr. Holden said few road hauliers had perfect safety systems on their lorries in 1966. The driver had disobeyed instructions in leaving the lorry unattended but the underwriters had no right to repudiate the insurance on these grounds.

Det.-Sgt. Victor Allen, giving evidence for the underwriters, said the fact that this was a copper load made it all the more unsafe. "It is a dangerous load. For a long time copper has been known as thieves' gold", he said. To adopt a system such as Mr. Holden's was "courting disaster" with a load of copper.

The hearing was adjourned until Friday when counsel will make their submissions.

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Organisations: High Court

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