Horses Claimed Not to be Farm Goods: Ownership Disputed
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IMPORTANT questions weie raised 1 before Kendal County Bench, last week, when Henry Walling, Strickland Tenement, Crosthwaite, Kenda 1, appeared on 15 summonses concerning alleged contraventions of his B licence by using a lorry beyond 50 miles. Mr. J. L. R. Croft, prosecuting, said that there were three sets of summonses. In July, the defendant was stated to have carried three horses 70 milesto a show. The Divisional Court had decided that taking a horse to a show was not carrying agricultural goods.
Edward Fraser, traffic examiner, agreed that Walling was engaged in agriculture and that in January, 1948, his application for an extension of radius was noted by the Northern Licensing Authority: "Withdrawn—work can be done under Section 15 (c)." The owner of the horses said that they were regularly engaged upon farm work.
Mr. P. Kershaw, defending,submitted that Walling was engaged in agriculture and the horses were from a farm 31 miles away.
After a retirement, the Bench decided to adjourn consideration until they had a report of the Divisional Court Case mentioned.
Another charge concerned the use of the vehicle for the carriage of cattle from Kendal auction mart to Wakefield for Mr. N. H. Platts.
Mr. Croft explained that 10 animals were knocked down to Mr. Platts, but Walling paid for them by cheque, afterwards stating that he had bought them from Mr. Platts. The prosecution contended that the cattle belonged to Mr. Platts from the time that they were knocked down to him.
An auction-mart clerk gave evidence that Mr. Platts said that the cattle had to be transferred to Walling. who paid for them. Witness accepted Walling as the purchaser.
Mr. Platts stated in evidence that he paid for the cattle later, paying Mrs. Walling. He did not regard Walling as the owner of the animals.
Walling said that he and Mr. Plaits made arrangements that he Walling, should buy the cattle and take them to Wakefield. Walling regarded himself as entitled to carry the animals.
After another retirement, the bench found the case proved, but adjourned the matter of penalty.
FOURTEEN farmers who had held a • meeting to 'discuss the shortage of transport supported an application before the Scottish Deputy Licensing Authority last week. Mr. William Hood, of Aberfeldy, wished to run an .extra vehicle to meet farmers' demands. He said that the restrictions on the B licence for one of his two vehicles made its operation uneconomic.
Mr. Hood agreed to a suggestion by the Authority that he should apply for a modification of this licence.