Criminal Law and Practice in Scotland
| Date | 01 January 1943 |
| DOI | 10.1177/0032258X4301600104 |
| Published date | 01 January 1943 |
| Subject Matter | Article |
18
THE
POLICE
JOURNAL
the
person
ought
to have received
the
maintenance
and
in
the
place
where the person
ought
to have paid
it."
It
was suggested
that
a passage
in Stone's Justices' Manual to the contrary effect goes farther
than
the
decisions warrant.
AN
UNUSUAL ROAD ACCIDENT
Radley v.
L.P.
T.E.
Mere
novelty in
the
circumstances is no
bar
to a claim in English
law
if
general principles recognise aremedy.
In
Radley v. L.P.
T.B.
(58 T.L.R. 364)
the
court
followed
the
precedents in road accident
cases although an action
had
never before been
brought
for
such
an
accident. Awindow in an omnibus was broken by
the
vehicle's
brushing
against an overhanging
branch
of a tree.
The
plaintiff, apassenger in
the
omnibus, was injured by flying glass
and
his eye
had
to be removed.
The
driver's failure to see
the
branches was unexplained.
The
Board's
buses
had
on previous occasions been seen to
brush
against over-
hanging branches on
the
same road.
The
passenger was held entitled
to damages from
the
Board. His Lordship remarked: "
Had
the
bus
run
into an obstruction on
the
surface of the road,
the
case would have
been unarguable by
the
Board.
It
is in my opinion immaterial
that
the
obstruction into which it
ran
was
not
on
the
ground."
Criminal
Law
and
Practice
in Scotland
GOODS STOLEN AND
PAWNED-RIGHT
TO POSSESSION
Robertson v. Burns and Robertson
SECT I ON 88 of the Glasgow Police Act, 1866, empowers the police,
inter alia, to " search for, seize,
impound
and
convey to
the
police
office any article known or reasonably suspected to have been stolen or
fraudulently obtained."
This
section should be read along
with
section
101, which enacts
that"
the officer on
duty
may deal with any article
brought
to
the
police office by any constable as follows:
He
may, in
case of disputed or doubtful ownership, apply to
the
magistrate, who
shall summarily,
upon
viva voceevidence,
order
the
same to be delivered
to such person as he may direct, subject to all legal claims against such
person in regard to
the
same;
and
where
the
same is lawfully in
the
possession of any person, he may order compensation to be paid, by
the
person to whom it is delivered, to
the
holder thereof as a condition
of such delivery."
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