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Aviation History
1933
1933 - 0160.PDF
FLIGHT, JULY 20, 1933 CORRESPONDENCE The Editor does not hold himself responsible for opinions expressed by correspondents. The names and addresses oj the writers, not necessarily for publication, must in all cases accompany letters intended for insertion in these columns. THE KING'S CUP AIR RACE [2865] Having read with interest your comments on the King's Cup Race, I would like to put a suggestion forward which I think would stimulate interest in the race when the machines have vanished over the trees. Could it not be arranged for a machine, a very fast one for preference, fitted with a radio transmitter, to accom pany the racing machines around the course? the operator to be in telephonic communication with the announcer, who would be enabled to give a running commentary of the progress of the race to the spectators on the aerodrome, which would relieve the monotony enormously ; also the announcer's comments could be broadcast from the B.B.C. ; suitable relays could be arranged to make this plan workable. Everyone knows how interesting a B.B.C. Commentator can describe the Boat Race, for example, and if the King's Cup Race was followed round the entire course I think that it would be more exciting that even the Boat Race. There are service machines suitably equipped, which I expect could be acquired for the day. W. T. NEWMAN. Kilburn, N.W.6. July 13, 1933. I.A.L. v. N.F.S. [2866] I read with interest your editorial on the recent Imperial Airways v. National Flying Services case. As I was interested in that case and take an interest in aviation, I was sorry to see that that case had been so generally misunderstood. The action was brought by Imperial Airways on two main grounds: — (1) Breach of warranty. It was alleged that a warranty that the aerodrome at Hanworth was safe and suitable for the particular type of machine that N.F.S. had requested Imperial Airways to send, was to be implied from the correspondence between the two companies which consti tuted the agreement between them. Whether or not such a warranty could be rightly so implied was a question of law for the Judge and a matter on which no other evidence could be advanced. (2) Negligence. This, of course, was a matter of fact for the jury after hearing the evidence and being directed as to the law by the Judge. As a matter of convenience, the second point was taken first, and as the verdict of the jury was in favour of the plaintiffs, the question as to the implied warranty was never argued and therefore never decided. The only point which emerges from the case which is of any interest is the Judge's direction as to the law of negli gence in the particular circumstances of the case. The facts in this case were held to be covered by the well- known case of Indermaur v. Dames ; that is, that the occupier of premises owes a duty to all persons coming on to those premises " in the way of business " [i.e., for the mutual benefit of himself and the occupier or of the occu pier alone] to use reasonable care to prevent damage to such persons from any unusual danger of which the occu pier knew or ought to have known. The occupier has the s m s Lord Londonderry Entertains THE Secretary of State for Air and the Marchioness of Londonderry entertained at luncheon yesterday (Monday) at Londonderry House, to meet the Air Council, certain delegates and representatives of the Dominions and India now in London who are specially inferesfed in air matters. The following were present:—The Rt. Hon. R. B. Bennett, the Rt. Hon. G. W. Forbes and Mrs. Forbes, the Rt. Hon. S. M. Bruce and Mrs. Bruce, the Hon. R. Masters and Mrs. Masters, General the Rt. Hon. J. C. Smuts, the Hon. N. C. Havenga, the Hon. O. Pirow and Mrs. Pirow, Sir C. P. Ramaswami Aiyar, the Hon. G. Howard Ferguson and Mrs. Howard Ferguson, the Hon. Sir Thomas Wilford and Lady Wilford, the Hon. C. T. te Water and Mrs. te Water, the Hon. Sir Edgar Bowring, Sir Bhupendra N. Mitra, Colonel Sir Pierrie van Ryneveld alternative of making the premises safe or giving a warn ing. The questions which the Lord Chief Justice left to the jury illustrate this proposition. They were as follows: (1) (a) Wras the culvert dangerous? Answer: Yes. (6) Did N.F.S. know that it was dangerous? Answer: No. (c) Ought N.F.S. to have so known? Answer: Yes. (2) Was the pilot negligent ? Answer : No. (3) If the pilot was negligent, might N.F.S., notwith standing his negligence, still have avoided the accident by the exercise of reasonable care? Not answered. The last two questions illustrate the defence of contribu tory negligence which the occupier can always plead. Where no benefit accrues to the occupier or where the other person has paid for permission to land, different con siderations will apply in each case, for the duty owed varies with the status of the person coming on to the pre mises—the smallest duty being owed to trespassers and the highest to persons who pay for their right of admis sion. W. M. E. CRUMP. Temple, E.C. July 13, 1933. LIVERPOOL AIRPORT [2867] A copy of FLIGHT of July 6 has been sent to me. and I have read with interest the account of the opening of Liverpool Airport. Would you mind my drawing your attention to a report of my speech, which is somewhat inaccurate? I did not say that I was antagonistic to the establishment of an airport, and was now converted. What I did say was that I was opposed to that particular portion of the Speke area being used for the aerodrome, as I wanted houses built on it. There was still sufficient ground for the aerodrome, but as the majority had decided the matter, I acquiesced. Perhaps you could see your way to correct the account, as you can appreciate the difference between the two state ments as being important. ALFRED D. GATES. The Town Hall, Liverpool. Lord Mayor. July 12, 1933. TRANSPORT CO-ORDINATION [2868] Readers of Mr. Hall Caine's letter about the co-ordination between air and rail in Italy may be interested to know that there is similar co-operation between rail and road in that country. A great number of Italian motor services operate with the definite object of feeding the railways: indeed, although Italy is covered with a network of road services, there is practically no competition with the railways. The motor services are usually timed to arrive and depart in connection with the trains and by combining rail and road services it is possible to reach remote villages : visitors to the mountain resorts in the Alps, Dolomites and Apennines find the coach services particularly useful. W. STORMONT (Maj. W. Stormont, F.R.G.S.), London Manager, Italian State Tourist Department (ENIT' London, S.W.I. June 19, 1933. ESS and Lady van Ryneveld, Lt.-Col. G. P. Vanier and Madame Vanier, Mr. F. G. Shedden, Lady Margaret Stewart, the Rt. Hon. Sir Philip A. G. D. Sassoon, Air Chief Marshal Sir Edward L. Ellington, Air Marshal Sir H. C. T. Dowding, Sir Chistopher and Ladv Bullock, Air Marshal Sir Robert and Lady Brooke-Popham. Air Vice- Marshal Sir Edgar and Ladv Ludlow-Hewitt, Rear-Admiral A. Bromley, Mr. F. G. L. Bertram and Mr. L. G. =. Reynolds. Propaganda by Air A NAZI aeroplane coming from the direction of Munich is reported to have dropped leaflets over Salzburg on the afternoon of Friday, July 14. The Austrian Government state that in future Nazi propaganda aircraft will be met with armed resistance. 738
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