Operator Wins "Contract" Case
Page 49
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LAST week the 1-ugh Court dismissed a contract-carriage case. Mr. J. R. G. Dell, of Lye Green, Chesham (Bucks), trading as Rover Bus Services, was the respondent to an appeal heard by Lord Hewart and Justices Swift and Goddard, in a King's Bench Divisional Court, in which Mr. C. 0. Evans, a traffic examiner, challenged a decision of the Amersham magistrates.
It was explained that in December, 1935, a sports club held a dance at Amersharn. It was advertised and the organizers arranged with Mr. Dell to hire a coach for 15s. to carry dancers back to Chesham. During the dance it was announced that the vehicle would he running and passengers were invited to subscribe to the cost.
Mr. Dell was charged before the magistrates with using the coach as a stage carriage, otherwise than under a licence, and with permifting that use.
Mr. Evans contended that separate fares were charged to, or payments made by, the passengers, and that, the operation of the coach having been advertised, the coach had been used as a stage carriage and not on a special occasion.
Mr. Dell, however, denied that separate fares were charged, or that he knew that they would be charged. An arrangement between the organizers of the dance and himself had been reached for the hire of the vehicle for a private party on a special occasion.
Mr. Milmo (for the appellant) argued that there was an irresistible conclusion that Mr. Dell shut his eyes to what was going on.
Without calling on counsel for Mr. Dell, the Court disthissed the apTheai with costs. Lord Hewart said it was fair to deal with the case on the footing that, in the Court below, it was argued that Mr. Dell ought to have known that an offence would be committed on these occasions unless the vehicle had a road service licence. His lordship had no doubt that the coach was used on this occasion as a stage carriage, but it was another thing to say that Mr. Dell was aware of it.
It had been alleged that Mr. Dell refrained from making inquiries about the way in which the vehicle would be used, but the only thing which might have indicated its unlawful operation was the advertisement that it would run after the dance. The rest of the facts were consistent with its legitimate use.