Important Decision on Insurance
Page 37
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N appeal against the decision of the Bridgend, Glamorgan, magistrates in failing to convict Alfred May, haulier and coal merehant, of Ysysniardy Farm, Llantrisant, Glamorgan, for permitting the use of a lorry by a driver not covered by insurance, was allowed . by the King's Bench Divisional Court, last week.
According to, the case stated by the magistrates, Mr. May.took his lorry for repairs to Walter Carpentei., of The Bridge Garage, Blaengarw. Being unable to collect the vehicle himself, Mr.May asked Mr.. Carpenter to 'deliver it.
Mr. ,Carpenter was complying with this request when he was-intercepted by the police and found to have no certificate or policy of insurance to cover his driving of the vehicle. The magistrates held that he was covered by Mr. May's insurance policy and dismissed the summons.
Giving judgment, Lord Goddard, Lord Chief Justice, said Mr. May's lorry was covered only for his own driving or that of a person employed by him. The garage proprietor was not in his employ. Therefore an offence had been committed and the case must go back to the magistrates with a direction to convict.
As to the question of special circumstancest the court thought this was primarily a matter for the magistrates. However, it was the ordinary experience of people that a garage proprietor would be covered becalfse it was part of his trade, and they, thought that it was a special circumstance that Mr. May had requested such a man to deliver the lorry. '
There would, therefore, be an intimation from this court to the magistrates that there was ample ground for .the justices to find special circumstances which would relieve them of the necessity of suspending Mr. May's licence.