Convict Haulic
Page 40
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THE Queen's Bench Divisional last week allowed with costs a eution appeal against the dismis! Leicester City justices on Novemt 1960, of four summonses against Trigg and Co., Ltd., haulage contr of Hill Crest Garage, Donnisthorps Burton-on-Trent.
Two of the summonses alleged to cause a driver to keep a current of information prescribed, contrE the Road and Rail Traffic Act, 193 the others that a vehicle had beer contrary to conditions of a B licen
The case was remitted to the ji with a direction to convict.
Lord Parker, the Lord Chief J said Trigg and Co. had a contrac Judd Budd, Ltd., to act as carris coal purchased by Judd Budd fro National Coal Board. They rends monthly account which clearly ins costs and profit.
In December, 1957, Judd Budd al ted MT. Leonard George Trigg, mat director of the respondent Con their agent to buy and sell coal on behalf, to operate, employ and d drivers and to hire any vehicles neer Entries relating to the drivers posted in a book under "Judd Ltd." The justices had found that Budd exercised no direct control at not know what particular vehielt been used under the C licences the: to the respondents.
The justices, said his lordship. accepted contentions by the respor that Mr. Trigg was acting as ages Judd Budd and that the driver e lorry concerned was not employe Trigg and Co., nor acting for then.
The real question. Lord Parker tinued, was whether the vehicle had let on hire to Judd Budd or whet was being used by Trigg and Co. a: of their ordinary fleet of haulage vet In the absence of a finding tha vehicle -had been hired to Judd St was difficult to say that any rei could be solaced on the wages book. only was there no finding that the vi was hired to Judd Budd, but there specific finding that the vehicle was used for carriage for hire and rewar, an account was rendered on that bas
There was really only one findin justices could reasonably have read that at the material times the drive' employed by Trigg and Co.
Agreeing, Mr. Justice Ashworth that if Trigg and Co. had "put tackle in order" it would have possible to carry out the arrangr without any breach of the law.
MEDWAY BRIDGE KTEXT Monday, January 29.
Minister of Transport is to vis site of the new Medway Bridge on tr way M2 to inaugurate officially the struction of the 500-ft. main span largest clear span of prestressed cor in the world.