Ribble Lose Appeal
Page 34
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THE Court of Appeal last week dismissed with costs an appeal by Ribble Motor Services, Ltd., from a judgment of Mr. Justice Paull at Carlisle in January, 1960, awarding Mrs. Barbara Joyce Fletcher, of Newland Road, Carlisle, £5,307 damages for the death of hr husband.
Mr. Joseph Matthew Fletcher, 48, died after being thrown through the open door of a moving bus near Grasmere, Lord Justice Devlin, sitting with Lords Justices Danckwerts and Davies, said he agreed with the trial judge that the bus conductor was negligent in leaving the door open without good reason whilst the bus was in motion. He was further negligent, when the door was open, in not seeing that a passenger was standing with his back to the doorway and that there was danger if there were a sudden swerve or braking.
The judge had found Mr. Fletcher 25 per cent. to blame for standing long before it was necessary to get down his baggage from a rack. The Appeal Court did not agree with that, but found Mr. Fletcher partly to blame for standing knowing the door was open. The apportionment of the damages would accordingly not be disturbed.
COACHES BURNED OUT
AFIRE which broke out at the garage' of Hallen Coaches, Bristol, destroyed three coaches, including a new one worth £5,000. Another coach was moved from the blazing building by people living in the vicinity.