Contract Case
Page 60
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in High Court
ADECISION of the St. Austell (Cornwall) justices was upset by Lord Hewart and Justices Avory and Humphreys in a King's Bench Divisional Court, on Monday, in a " contract-carriage" case. The appellant was Mr. A. J. Davies, superintendent of police, and the respondent was Mr_ T. H. Perry, who had been charged with using a • vehicle as an express or stage carriage without a road service licence.
Seven women, employed by the Newquay Knitting Co., hired Mr. Perry's vehicle by the week to convey them from Roche and Bugle to Newquay and back every day. Mr: Perry was paid a weekly sum, towards which each girl contributed her share through a secretary.
Mr. Davies argued that the passengers paid separate fares and the vehicle was in consequence an express carriage. Mr. Perry, however, submitted that, as he received a lump sum each week, the vehicle was a contract carriage. The justices accepted Mr. Perry's contention and dismissed the summons.
Allowing the appeal, the Court remitted the case to the justices with the instruction that an offence had been proved.
Lord Hewart held that the vehicle had been used as an express carriage, and Mr. Justice Avory thought that it was a stage carriage. Mr. Justice Humphreys was of opinion that, at any rate, the vehicle was not a contract carriage.