SUTCH v. BURNS.

(1943) 77 Ll L Rep 317

COURT OF APPEAL.

Before Lord Justice Scott, Lord Justice Luxmoore and Lord Justice du Parcq.

Motor insurance-Practice-Appeal- Hypothetical case-Policy covering lorry belonging to C. Ltd.-Lorry driven by W. -Delivery of rolls of paper to premises of M. Ltd.-W. requested by foreman of M. Ltd. to load up with other rolls of paper and take them to premises of M. Ltd. on other side of road, S. and others (employees of M. Ltd.) riding on lorry-S. thrown off and killed-Action brought by widow against C. Ltd. and W. -Judgment entered against W.-Action against C. Ltd. dismissed on ground that W. in allowing S. and others to ride on lorry was acting outside the scope of his employment - Judgment against W. unsatisfied-Present action brought by widow under policy-"Permitted" driver not specifically covered-Whether requirements of Part II of Road Traffic Act, 1930, fully satisfied-Concession by underwriters that, if necessary, policy should be treated as if issued in full compliance with Act- Judgment entered for plaintiff-Appeal.