Operator's Conviction Quashed
Page 25
If you've noticed an error in this article please click here to report it so we can fix it.
AN appeal by a firm that had been convicted by Essex. County Justices at Chelmsford of " using " a hired lorry at the time it was stopped as allegedly defective, was allowed by the Queens Bench Divisional Court on Wednesday. The Court quashed the conviction.
The lorry owners, J. P. Hensmans Ltd. of London, -E.C., had been summoned together with Baker's (Rayleigh) Ltd. of Thundersley, Essex, and the latter firm's driver Mr. Anthony Cattano, with using a lorry with a broken offside road spring on February 24 this year.
Baker's, who had hired the lorry from Heasmans under a written agreement, and Mr. Cattano pleaded guilty and the Justices rejected Hensmans' 'defence that it was not being used by them, fining therri £10.
Lord Parker, the Lord Chief Justice, who sat with Mr. Justice Sachs and Mr, Justice Ashworth, said that when the lorry was stopped the rear wheels were running 10 inches nearer to the centre of the road than the front wheels. It was being used to deliver a load for Baker's and bore the company's name. .
Under the agreement Hensmans were responsible for maintenance of the vehicle, but there was no evidence enabling the Justices to find that they were using it.
Their Lordships awarded Hensmans the costs of the appeal and also 20 guineas towards the:r costs' .of the police court hearing.