swarb.co.uk - law index
These cases are from the lawindexpro database. They are now being published 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 29 October 2014.
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  1 KB 1; 26 TLR 5
Alverstone CJ, Darling and Bucknill JJ
Crime, Road Traffic
The defendant, an Automobile Association patrolman was accused of obstructing a police constable in the execution of his duty. The police had set a speed trap, and the defendant had warned approaching vehicles of the trap. At the time they were warned they were thought to have been already speeding, and the police observed this. Held: Bastable was distinguished on the ground that the action of the patrolman obstructed the police obtaining their timings. The gist of the offence lay in the intention with which the acts complained of were done. If the intention was simply to prevent the commission of crime, no offence was committed. It was otherwise if the intention was to prevent the commission of crime only at a time when there was a danger of detection.
Lord Alverstone said: "In my opinion a man who, finding that a car is breaking the law, warns the driver, so that the speed of the car is slackened, and the police are thereby prevented from ascertaining the speed and so are prevented from obtaining the only evidence upon which, according to our experience, Courts will act with confidence, is obstructing the police in the execution of their duty."
Darling J said: "The appellant in effect advised the drivers of those cars which were proceeding at an unlawful speed not to go on committing an unlawful act. If that advice were given simply with a view to prevent the continuance of the unlawful act and procure observance of the law, I should say that there would not be an obstruction of the police in the execution of their duty of collecting evidence beyond the point at which the appellant intervened. The gist of the offence to my mind lies in the intention with which the thing is done. In my judgment in Bastable v Little I used these words: '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 may be suspended while there is danger of detection.' I desire to repeat those words."
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.
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