HORSEBOX APPEAL ADJOURNED
Page 31
If you've noticed an error in this article please click here to report it so we can fix it.
'THE Appeal Tribunal, sitting at
York, on January 23, adjourned, until February 25, the bearing of the appeal by the London and NorthEastern Railway Co. against the decision of the Yorkshire Authority to grant a class A licence to Mr. Peter Kelly, of Malton, for a horsebox for the transport of racehorses. The hearing was adjourned on the application of the respondent for permission to call additional witnesses.
The opening of the hearing, on January 22, was reported in our issue for last week.
When the hearing was resumed on January 23, Mr. R. H. B. Shepherd (for Mr. Kelly) said he had not been able to see the witnesses whom he had wished to call, but he handed in a statement based on information supplied by Mr. Easterby's father, Mr. Easterby, the Mahon trainer, being away.
The statement contained a paragraph, to which the chairman, Mr. Rowand Harker, K.C, drew attention, stating that " some time before June, 1934, Mr. Easterby had been dissatisfied with the railway's road service. On frequent occasions no road box has been available."
Mr. B. de H. Pereira (for the L.N.E.R.) submitted that all the allegations were generalities. He admitted that there had been four breakdowns, but they were the only failures in four years.
Adjourning the hearing, the chairman said that the railway company, as well as the respondent, would be given the opportunity of calling further witnesses. Replying to Mr. Pereira, who asked if the costs of the adjourned hearing would be borne by Mr. Kelly, the chairman said that a decision on that question would be reserved until the Tribunal's final conclusions were announced..