Commandeered Lorry's Mishap : Claim Against Owner Fails
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I N the first case of its kind heard by judge T. W. Longman at Scunthorpe (Lines) County Court, responsibility for the conduct of the driver of a civilian lorry commandeered by the Army was disputed. The lorry backed into a car belonging to a Brigg man, who sued the owner, Lincolnshire Traffic, Ltd., of Grimsby, for £13 damages.
The manager of the company said that the lorry and the driver were completely at the service of the military, and the responsibility was not his company's. For the company it was contended that, whilst no claim could be made against the Crown. it could, and should, be made against the officer commanding the unit which had commandeered the vehicle.
For the plaintiff, it was submitted that the driver was still the servant of the company.
His Honour held that responsibility did not rest with the company. as it had no control over the driver and did not even know where he was. The claim, therefsore, failed.