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CONTRACT CASE IN HIGH COURT

24th May 1935, Page 61
24th May 1935
Page 61
Page 61, 24th May 1935 — CONTRACT CASE IN HIGH COURT
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Keywords : Conductor, Law / Crime

I N a King's Beneh Divisional Court, on Tuesday, Mr. Wurzal, an official of the Yorkshire Traffic Commissioners, appealed against a decision of the Doncaster justices, who had dismissed an information against Edith Ethel Stewardson and Marion Stewardson, proprietors of Reliance Coaches, Goldthorpe, alleging that they had permitted a coach to be used as an express carriage without a road service licence.

The defendants did not appear to oppose the appeal, in which it was stated that the coach was hired by a 3.1r. 'Mark Bennett, for 30s., to -take a party to a dog-racing meeting at Upton, Each passenger paid is. 6c1., the total was handed to the driver, and Mr. Bennett was allowed a 5 per cent. dis count. The justices held that the vehicle was a 'contract carriage, but Mr. Wilfrid Lewis (for the appellant) now submitted that the coach owners should have inquired exactly for what purpose it would be used.

They could not, as a matter of course, iegard Mr. Bennett as a philanthropist who would pay the lump sum him-. self ; therefore, they shcruld have ascertained whether each passenger would pay a separate fare. If that was established, they would have realized that the coach was used as an express carriage.

Allowing the appeal, Lord Hewart said the facts seemed to point to one conclusion, that the :‘ehicle was being used as an express carriage. Then the question arose, did the respondents permit it to be so used The justices held that respondents did not suspect that fares would he separately collected from passengers, but Lord_Hewart considered the respondents had a shrewd suspicion that payment would be made in that way. Therefore, there was evidence that the respondents permitted the vehicle wrongly to be used.

CROSVILLE'S RECORD CONTRACT.

f-IN Friday last, Crosville Motor Ser vices, Ltd., Chester, achieved a record. Derby Education Committee arranged a Merseyside tour for 2,500 children and 200 adults, and arranged with the Crosville concern to provide 61 buses. The company was able to bring into use 40 of its most luxurious coaches, the other necessary vehicles being hired,

SPARE-TIME DRIVING BRINGS FINES.

AT Dunfermline Sheriff Court, on May 16, two bus drivers were fined for driving vehicles after completing

their ordinary passenger runs. Mr. A. Downie, Kelty, admitted that, on eight occasions, he drove public service vehicles and lorries for periods of 131 to 16i hours.

He was employed by the General Motor Carrying Co., but had the opportunity of making occasional journeys for a Kelty firm. When he

found he was contravening the regulations, he ceased the practice.

Sheriff Umpherston imposed a fine of £2, with the option of 10 days' imprisonment, the same penalty being inflicted on Mr. W. Wyse, Kelty, who pleaded guilty to a similar charge.

SMALL LOSS AT CLEETHORPES.

nURING the year ended IVIarch 31 „Cleetharpes Urban District Council's bus undertaking worked at a deficit of £133, The income totalled £11,721 (8.56d. per bus-mile), whilst the costs, excluding depreciation, amounted to £9,747 (7.12d. per bus, mile). With the addition of depreciation at £2,107 (1.54d. •per bus-mile) , a deficit was shown. The number of passengers carried increased by 22,678 to 1,713,111.

INCREASED FARE FAILURE.

THREE bus companies iiperating between :Newcastle and Whitley Bay are th equest the Northern Traffic Commissioners to reduce the return fare from is. 3d. to 1s. The fare was originally 1s., hut was, increased by 3d., a year ago, to bring it into line with the railway rate. It is understood that the 1s. 3d. fare has proved unsatisfactory both to the bus and railway companies.

York-West Yorkshire Joint Cornrnittee has purchased land in Barbican Road, York, for the _extension of the bus depot, at a cost of mom

WORKERS COMPLAIN OF TICKET SYSTEM.

CAERPHILLY Urban District Coun

cii considered a request from its bus operatives for the withdrawal of the Willibrew ticket system, on the grounds that a great deal of time is taken up in issuing tickets, that conductors have no check on the exact amount due to them when banding in cash at night, and for other reasons. It was complained that the Council kept excess amounts paid in, but the conductors had to make good all deficiencies, A point of complaint was that conductors were expected to pay the face value of lost tickets.

The council refused to abolish the present ticket system, but agreed to have drawn up a scheme for settling with the conductors monthly balances of under and over-payments.


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