swarb.co.uk - law index
These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.
Road Traffic - From: 1900 To: 1929
This page lists 7 cases, and was prepared on 13 January 2015.
Cannan -v- Earl of Abingdon; 1900 -  2 QB 66
Hawkins -v- Edwards  2 KB 169
Licensing, Road Traffic
Town Police Clauses Act 1847 38
Simpson -v- Teignmouth and Shaldon Bridge Company  1 KB 405;  72 LJKB 204;  88 LT 117;  67 JP 65;  51 WR 545;  19 TLR 225;  47 Sol Jo 278;  1 LGR 235
The Earl of Halsbury LC, Lord Alverstone CJ and Sir Francis Jeune P
The owners of the tolled bridge over the Teign, sought to charge bicycle riders tolls. Held: A bicycle was not chargeable as a carriage on the bridge toll under the Act establishing it. The court doubted that a bicycle was a 'carriage hung on springs'.
Smith -v- Kynnersley  1 KB 788
The court held that a bicycle seeking to use a toll road was, by virtue of the words of the statute allowing the charge, not chargeable as a carriage.
Bastable -v- Little  1 KB 59
Lord Alverstone CJ
Crime, Road Traffic
The defendant had been charged with obstructing a constable in the execution of his duty under section 2 of the 1885 Act. Held: Lord Alverstone CJ said: 'Suppose a party of men are engaged in the offence of night poaching, and a person passing near warns them that the police are coming, I think it is clear that that could not be held to be an offence within this section. We must not allow ourselves to be warped by any prejudice against motor cars, and so to strain the law against them.' The police had set up a series of speed traps in London Road, Croydon. Mr Little occupied himself giving warning signals to drivers approaching the traps, thus ensuring that they did not exceed the speed limit. There was no evidence that the drivers were exceeding the speed limit at the time when they received Mr Little's signals, although all slowed down. Darling J made this point and added:
'In my opinion it is quite easy to distinguish the cases where a warning is given with the object of preventing the commission of a crime from the cases in which the crime is being committed and the warning is given in order that the commission of the crime should be suspended while there is danger of detection, with the intention that the commission of the crime should be re-commenced as soon as the danger of detection is past.'
Prevention of Crimes Amendment Act 1885 2
Betts -v- Stevens; 1910 -  1 KB 1; 26 TLR 5
Sales -v- Lake  1KB 553
Road Traffic, Licensing
A hackney carriage may be plying for hire siomply by waiting in the street available to take passengers.
|Copyright 2014 David Swarbrick, 10 Halifax Road, Brighouse, West Yorkshire HD6 2AG.|