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Aviation History
1917
1917 - 0717.PDF
JULY 12, 1917. LEGAL INTELLIGENCE. Lighting Restrictions and Municipality Liability. Morrison u. City of Sheffield. IN the Court of Appeal on July 5th, the Lord Chief Justice and Lord Justices Pickford and Scrutton heard an appeal from a judgment of Mr. Justice Rowlatt sitting with a special jury at the Leeds Assizes on March 19th, 1917, which raised a question as to the liability of municipal corporations for accidents during the enforcement of non-lighting orders. In 1902 the defendants, as the urban authority of Sheffield, caused trees to be planted in various highways, among others in the Abbeyville Road. These trees were fenced round with iron guards or spikes which were some three inches out of the perpendicular. The height of these spikes from the ground was 5 ft. ~z\ ins., the tops of the spikes being bent in an outward direction. On April 3rd, 1916, the Chief Constable of Sheffield, acting under an order under the Defence of the Realm regulations, .ordered that, until further notice, all the street lights in Shef- field should be extinguished after a certain hour. A few days after this order took effect the plaintiff, shortly after 9 p.m., was in Abbeyville Road shopping, and crossed the road. Owing to the total extinguishment of the street lighting he had to feel his way in the darkness. On reaching the other side of the road he came in contact with one of the iron spikes fencing a tree, and the sight of one eye was practically destroyed. In consequence he suffered loss in business and incurred heavy expenses through his injuries. He accordingly brought this action, and the jury were asked two questions by the learned judge :—1. " Was the guard dangerous in the circumstances of the darkness that existed 1" and 2. " Ought the defendants, if they exercised reasonable foresight, to have taken reasonable measures to have neutralised the danger before the date of the accident ? " The jury answered both of these questions in the affirmative, and awarded the plaintiff £660 16s. damages for personal injuries. The defendants appealed from the judgment entered in accordance with the verdict on the grounds of misdirection, absence of evidence of negligence, and that the verdict was' against the weight of evidence. In dismissing the appeal the Lord Chief Justice, after stating the facts, said that it had been contended that there was no evidence of any breach of duty on the part of the defendants, and the basis of the argument was that the trees and guards had been placed by the defendants under the authority of section 43 of the Act of 1890. They contended that, having erected these guards, which were admittedly safe in normal circumstances, there was no further degree of care imposed upon them by reason of the Lighting Order under which the town was placed in a state of darkness, but in his (his Lordship's) opinion this contention was unsound. The defendants could not contend that, when authority was given to place the trees and guards, they were not bound to exercise their powers with reasonable care, having regard to a reasonable degree of protection which the public were entitled to expect. Neither could it be contended that because there was no nuisance or want of reasonable care on the part of the defendants before the Lighting Order came into operation it was not necessary for them to take further steps afterwards. There was an obligation on the defendants to use reasonable care for the whole of the time during which they maintained the guards in the public highway, and they were not entitled to allow them to become dangerous to those who used the highway. Whether or not they had exercised reasonable care was a matter for the jury to decide. Whether or not during the 17 days which elapsed between the date of the Lighting Order and the date of the accident the defendants ought to have taken steps to prevent danger to the public was again a matter for the jury to decide, and it could not be said that there was no evidence before the jury on which they could decide as they had done. His Lordship had come to the conclusion that it was the duty of the defendants to continue to keep the guards of the trees so as not to be dangerous. He was not unmindful of the great stress and pressure brought to bear upon local authorities at the present time, but that would not absolve them from exercising reasonable care in using the powers entrusted to them. Lord Justice Scrutton concurred. SIDE-WINDS. IT should be superfluous to ask anybody in these times of saving whether they are wasting anything, yet from what Messrs. Ruston, Proctor are asking in connection with their gas-producer plant : " Are you wasting your sawdust, small timber and shavings?" it would appear there must still be a few of them left. And in this connection from personal observation'we may state that many, if not actually wasting things, are certainly not utilising such products as they may produce to the best advantage. Many there are who are doing the exact reverse, and as instance, one very large factory " up north " is running the whole of its vast machinery on producer gas generated from timber waste. The longest day is past, and winter is metaphorically coming up the garden path. With the varying " decisions " regarding coal, that emanate apparently with every full moon, who knows what may happen ? Perchance large consumers will have to organise the better-spared members of their staff into a coal queue. Messrs. Ruston, Proctor and Co., of Lincoln, make gas producers that eat waste and deliver power. A postcard to them need not neces- sarily mean alterations in your works ; but, on the other hand, it might mean a big alteration in saving. Verb. sap. WHILST on the subject of heat, how are you heating your glue, the water for your canteens, melting your wax and your solder, drying your varnish, even providing hot water for your first aid department ? Accidents will happen in the best of regulated workshops. If you are using electricity for these purposes and need additions to your plant. Premier Electric Heaters of Bradford Street, Birmingham, may be able to help you. This firm are experts in their own par- ticular lines, and their catalogue gives every particular, even down to the amount of current consumed by each heater. Not every maker is so frankly frank. THE National (Jhemical Works, Ltd., of Stanley Road, South Acton, have produced a compound which they call " Permar.ite," and the uses to which it can apparently be put are too numerous to mention in exlenso. The makers claim that it is applied like an ointment, sets as hard as stone, and resists the action of acid, oil, petrol, turpentine, or any fluid of a kindred nature. Highly polished surfaces, such as brass, steel, nickel or aluminium, appear to have no power to prevent its adhesion, and it will bind almost any article to the metal surface. The makers suggest, as amongst innumerable uses it may be put to, the making of oiltight joints between cylinder block and crankcase, or joints between the top and bottom halves of the crankcase. A line to the South Acton office will bring full particulars as speedily as the post office can just now get through its work. IN the big increases in aerial construction work that are coming along it is worth remembering before they get full up that Motor Mac's, of Bournemouth, have over 26,000 sq. ft. of flooring covered by the most up-to-date machinery for aeroplane construction and the manufacture of aeroplane parts. Also, that they have splendid facilities for sheet metal work, grinding, welding, as well as all classes of machine work and forgings. SUCCESS has attended Mr. Max Worms in his enterprise in respect to his entry into the manufacture of aeroplanes in his lately established works. It is but a few months since he started his factory at Twickenham, yet progress has been such that he has already had to find and remove to more commodious premises. Nothing suitable being available in the vicinity of London, he has found accom- modation in the huge works of Messrs. J. and A. Steane, of Bournemouth. To this beautiful locality plant and machinery have already been removed, and Mr. Worms has vacancies for fitters, erectors and tool makers. Also there is an opening for a first-class foreman fitter. Mr. Worms reminds us that he still maintains sole directorship of the business, and we wish him continued success under the new conditions. AN eventful day ended on Saturday in an eventful evening at the Pillar Hall Restaurant, Victoria Station, when Mr. Albert Cole, the genial head of Messrs. Cole and Son, of Hammersmith, invited his numernus employees to be his guests at a dinner well served and much appreciated by those entertained. The atmosphere was redolent of good- will, and Mr. Purser, who proposed the health of the chairman in a very concise manner, gave prominence to a predominant
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