„ Operator Entitled to Replace Lost Vehicle by Equivalent
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N operator who has a vehicle 1-1k specially adapted to meet his busiless requirements and loses it in an iccident is entitled to replace it by cne imilarly equipped. If, by reason a ts special ,fittings, there is delay in tequiring a new vehicle, the owner, in ,ueing for loss of profits, is entitled to ake into account the full period during vhich he is without it.
This is the effect of a decision by vIr. Justice Devlin in the Queen's Bench )ivision in the case of Jones versus he Port of London Authority.
Our legal adviser writes: The plaintiff vas a haulage contractor whose vehicle lad become a total loss as a result cf L collision in the Royal Albert Dock vith a steam locomotive belonging to he defendants. He claimed not only or the value of the vehicle, assessed it £400, but also for his loss of profit it the rate of £3 10s, per day until the orry could be replaced.
Finding that both the plaintiff's driver ind the driver of the locomotive were !qually to blame for not keeping a 'roper look-out, the Judge examined he claim for loss of use, as whatever vas justly claimed would have to he ialved by reason of his finding of equal iegligence.
• Equal Negligence
Apparently the plaintiff's lorries were .1ways adapted to his special requirenents, and it was not until 13 days after he accident that the engineer's report nade it clear to him that the lorry was . total loss. It was not until 39 days .fter the accident that another lorry ad been obtained and fitted up, and he plaintiff claimed 39 days' loss of irofits, whereas the defendants urged hat he could have had another lorry ,n the road—without the special aiteraions—within 14 or 15 days.
Allowing the claim for 39 days' loss .f profit, the judge said: "If these Iterations to the standard form of lorry rere a mere whim on the part of the laintiff, then it might be different, but do not think the evidence goes as far s that at all. I think it shows that he nds it desirable for good business a..asons to have his lorries modified in certain way.
Normal Procedure
"I am satisfied that if this lorry had ied a normal death, and he was looking nind and considering replacement, he 'otdd have had it replaced by having a arty adapted in the way he would have anted it. I do not think it is reason31e, therefore, to expect him to acquire, 3 a permanent asset to his fleet of irries, one of a type which he would ot find as useful as the modified type, lerely in order to reduce to 15 days or ) the loss of profit."
Judgment was given for half £400 plus 136 10s., making a total of £268 5s. The duty of a plaintiff to "minimize" his loss has often been pointed out, but this case makes it clear that he is not under a duty to do something the effect of which might be to put him under disadvantage in his business. The test to be observed is always that of "reasonableness."
NEW AMPHIBIOUS VEHICLE A N amphibious tractor-trailer vehicle which is claimed to be capable of carrying up to 8,000 lb. across swampland that will not support the weight of a man, has been developed by North
King Equipment (Canada) Calgary. It can operate on either wheels or tracks. Ford components are extensively employed.
Four vehicles have been built and are being employed by the National Geophysical Co. of Canada on oilclaiming operations.
BUSES TO REPLACE MORE TRAMS THREE more tram routes are to be I converted to motorbus operation by Liverpool Transport Depannent. It is proposed to vary the routes of the new services so that new housing estates will be catered for.
Ribble Motor Services, Ltd., have applied to the North Western Licensing Authority for permission to run a new service from St. Helens to Kirkby trading estate, Liverpool.
MINISTER PRINCIPAL GUEST
THE new Minister of Transport, Mr. John A. Boyd-Carpenter, will be the principal guest at the Passenger Vehicle Operators' Association dinner at Grosvenor House, London, W.I, on October 4.