Milk Transporte rs Win Appeal
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AMILK transport firm at whose premises were found a milk churn containing diesel oil and others supporting lorry chassis and vehicle parts which were being painted, was not committing an offence, the Queen's Bench Divisional Court ruled last week.
The court allowed with costs an appeal by Mannings (Devon) Ltd., of Shutterton Bridge, Dawlish, against conviction by magistrates at Dawlish on three summonses alleging that they used milk churns otherwise than as containers for milk, such churns being in use for the purpose of the business of a dairyman.
The summonses were brought under the Milk and Dairies (General Regulations) 1959, by Mr. Percy Sotheron Ponting, acting for Milk Vessels Recovery Ltd.
Lord Parker (the Lord Chief Justice). who sat with Mr. Justice Ashworth and Mr lustice Widgery. said Mannings A22
were under contract with the Milk Marketing Board to transport milk from farms to Hammett's Dairies, Exeter, and the Co-operative Wholesale Society, London. The six churns referred to in the summonses were found at their premises in February, 1964.
The magistrates had found that the churns had not been used for containing milk for a considerable time—probably years.
"It is difficult, if not impossible, to say that these churns were in use as con tainers of milk for the purpose of a • business of a dairyman ". said Lord Parker.
The regulations. he ruled, referred to churns in current use. If the churns had been discovered a few days after they had contained milk it might be able to be said that they were in current use.