Haulier loses overloading test case
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• When a firm of haulage contractors discovered that 69 of its lorries were over loaded with gypsum they decided to drive them to their destination at Cocklakes and unload them.
But this was 20 miles away and three High Court judges last week decided that the firm, T. E. Swainson Ltd., had not shown that it was not reasonably practical to off-load the overweight sooner.
They dismissed with costs an appeal by the firm against conviction by Penrith
magistrates on January 30 of using a lorry at Langwathby which exceeded 14 tons. They were fined £2 with 12 guineas costs.
Mr. R. Yorke, for the company, told the Lord Chief Justice (Lord Parker) who sat in
the Queen's Bench Divisional Court with
Mr. Justice Ashworth and Mr. Justice Willis, that the appeal was being treated as a test case. The 68 other • charges relating to the rest of the lorries had been adjourned pending the outcome of the appeal.
Lord Parker saki the lorries had been loaded with gypsum at Long Leg Mine
where there was no weigh-bridge. They were driven to Langwathby, three miles away, where there was one. Her; one lorry was found to be 17 cwt 2 qtrs. overweight.
The firm contended that the nearest reasonable place to off-load the excess weight was at Cocklakes, which also hap pened to be the fleet's destination.
He could see no point of law in the appeal "and indeed on the facts found it was the only conclusion the magistrates could arrive at".