ORR v. TRAFALGAR INSURANCE COMPANY, LTD.

(1948) 82 Ll.L.Rep. 1

COURT OF APPEAL.

Before Lord Justice Tucker, Lord Justice Asquith and Lord Justice Singleton.

Motor insurance-Private hire-Implied hiring-Personal injuries sustained by plaintiff in motor accident-Plaintiff knocked down by ear driven by P. (insured by defendant insurance company) -Indemnity limited to use for "Private purposes only"-Exclusion from liability when being used for "private or public hire"-G. (carrying on private hire business) telephoned by M. requesting car to pick him up at Liverpool dock and take him to railway station-G.'s car out of commission- P. (at the time on a visit to G., and whose car was outside) requested by G. to execute commission-M. picked up by P.-Plaintiff knocked down on way to station-G. informed of accident by P. -M. subsequently picked up by G. and journey completed, but too late to catch train-No express mention made of payment for hire-No hire paid- Judgment recovered by plaintiff against P. unsatisfied - Claim for indemnity under policy refused by Pritchard, J.-Whether P. at time of accident was engaged in "private hire"-Inference to be drawn from conduct of parties.