B.R.S. Awarded £312 for Theft from Lorry
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THE theft of six cartons of cigarettes from a British Road Services lorry parked overnight on land at a garage was the subject of an action before Mr. Justice Gorman in the "Queen's Bench Division last week.
Judgment with costs was entered for B.R.S. (Contracts), Ltd., for .012 fis., the value of the cigarettes, against the Colney Motor Engineering Co., Ltd., Swintbn (Lanes), owners of the garage. The judge said the lorry was carrying a load of cigarettes from Ashton-under-Lyne to London on September 20, 1956. The driver decided to park his lorry overnight at the company's premises at London Colney, Herts. The next morning he discovered that the six cartons were missing.
B.R.S. said the lorry and its contents were accepted by the defendants for safe custody, but the company maintained that it was left there to ,get it off the road. When he parked. the driver paid Is. 6d. to an employee of the defendants.
The land on which the lorry was parked, among other vehicles, was fenced with chain link fencing surmounted by barbed wire, but it was possible to lift the bottom of the fence so that someone could get under it. There were floodlights, and a man on duty at the garage 'made circuits of the space where vehicles were left during the night.
The judge said he was satisfied that the relationship between B.R.S. and the company was that of bailor and bailee in respect of the lorry and its contents.
"The defendants were in breach of their duty, and it is because of their breach of duty as bailees that these goods were stolen from the plaintiffs' vehicle."
A stay of execution was granted for 14 days pending a possible appeal, £88,000 ROAD GRANT
1-1 A GRANT of £88,000 has been made by the Minister of Transport towards the cost of improving the WarringtonManchester road near Hollins Green. The village is to be by-passed, at a total estimated cost of £117,000. Work will involve the removal of a tip belonging to the Lancashire United Steel Corporation, Ltd., and the excavated material will be used as filling on the Stretford-Eccles by-pass, now under construction.
There are four sharp bends on the existing road through the village, and the road is narrower than those leading into it.