Master Liable for All Servant's Acts
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I-1 A MASTER is responsible for the acts of his servant, not only when those acts are authorized by him, but also when they were not so authorized, provided that they are connected with the authorized work of the servant, so that they can be regarded as a method of performing it.
The Master of the Rolls made this reference when an appeal by the London County Council against a decision of Judge Done at Clerkenwell County Court came before the Court of Appeal on Monday. Judge Done had, as reported in The Commercial Motor on February 13, dismissed a claim by the council against Cattermoles (Garages), Ltd., London, N.1, for payment to cover repairs to a van damaged in collision with a car driven by one of the company's employees.
This man held no driving licence and was forbidden by his employers to drive. He was employed as a greaser and shunter. Judge Done held that the company were not liable to pay damages as the collision resulted from the servant performing an act that was not within the scope of his employment.
Lord Justice Birkett and Lord Justice Romer delivered judgments agreeing that the appeal must be allowed.
"CART AND FOUR" THROUGH ROAD TRAFFIC ACT
AN allegation that Northern Roadways, Ltd., were "trying to drive a cart and four through the Road Traffic Act" was made by Mr. Ian Shearer, Q.C., bef ore Mr. W. Grant, QC., Ministry of Transport inspector, on Monday.
Mr. Shearer appeared with Mr. Alec Thomson for British Railways and the Scottish Omnibuses group, who appealed against the grant of a licence to Northern Roadways, Ltd., to run excursions and tours from Glasgow and Edinburgh to Ramsgate. It was stated that the chiefs of the respondent company owned the Regency Hotel, Ramsgate. The licence allowed only guests at this hotel to use the coach service.
Mr. Shearer claimed that a service must be necessary or desirable for the public need and not that of private parties or hotel proprietors. Mr. Thomson said that rail fares to Ramsgate were cheaper than those proposed by Northern Roadways, Ltd.
Mr. D. Geoffrey Aitken, for the respondents, expressed surprise at the " irrelevant arguments" put forward by opposing counsel.
FUEL PRICE CUT?
PRICES of petroleum products are being reviewed by the Minister of Fuel and Power in the light of the recent reduction in oil shipping charges, and there is a likelihood that the price of petrol and oil fuel will be cut by id. or Id. per gallon.