Your World of Legal Intelligence
 United Kingdom | +44 (0) 20 7284 8080

Murphy v Northern Ireland Road Transport Board

Northern Ireland Law Reports (Digests) Irish Jurist Reports (Digests) Irish Law Times Reports (Digests) Cited authorities 2 Cited in Precedent Map Related
Vincent
JurisdictionNorthern Ireland
Judgment Date01 January 1937
Date01 January 1937
CourtCourt of Appeal (Northern Ireland)
[C. A., N. I.]
Murphy
and
Northern Ireland Road Transport Board

Used by hotel proprietor partly for conveyance of hotel guests and partly for tours - Whether "Road Motor Undertaking"- Road and Railway Transport Act (N.I.), 1935 (25 26 Geo. 5. c. 15), ss. 5 (1), 5 (3) (a), 15 (1), 15(4) (f).

Section 5 (1) of the Road and Railway Transport Act (N.I.), 1935 made it the duty of the Northern Ireland Road Transport Board, within a period of six months from the day on which the said Act came into force, to acquire every road motor undertaking operated for hire or reward in Northern Ireland. Section 15 (1) provided that a person, other than the Board, should not use a motor vehicle on any public highway for the conveyance of passengers for hire or reward except with the consent in writing of the Board and the approval of the Ministry of Home Affairs. Section 15 (4) (f) provided that this section should not apply to the use of a motor vehicle by the proprietor of an hotel for the conveyance of hotel guests and their luggage to or from the hotel from or to a railway station, quay or aerodrome. The plaintiff, who was the proprietor of two hotels, owned two motor omnibuses which were reserved entirely for hotel guests, and which he had used partly for the purpose of conveying hotel guests to and from his hotels, from and to Larne and Belfast, and partly in taking guests who came to his hotels upon inclusive week's tourist tickets, on advertised motor tours. Held (Best, L.J., dissenting), affirming the decision of Megaw, J, in the Chancery Division, that such operation by the plaintiff of the said omnibuses did not constitute a road motor undertaking within the meaning of the Act.

[C. A., N.I.]...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT