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 Post subject: White v Cubitt
PostPosted: Sat Dec 10, 2005 8:03 pm 
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Another old case referred to in many judgements in particular the Eastbourne case.

White v Cubitt [1930]

Court: DC
Judgment Date: circa 1930

Applied Eastbourne Borough Council v Stirling [2001] RTR 65, [2001] Crim LR 42, (2000) Times, 16 November, [2000] All ER (D) 1602 DC 31/10/2000


Considered Birmingham and Midland Motor Omnibus Co v Thompson [1918] 2 KB 105, 16 LGR 544, 82 JP 213, 87 LJKB 915, 119 LT 140 DC circa 1918


ROAD TRAFFIC - HACKNEY AND OTHER CARRIAGES AND LONDON CABS - HACKNEY AND STAGE CARRIAGES OUTSIDE LONDON - HACKNEY CARRIAGES - WAITING TO TAKE UP PASSENGERS — PRIVATE GROUND — SEPARATED FROM HIGHWAY BY STONE SETTS



A motor car stood on a piece of private ground belonging to a public house at Barnes and separated from the highway only by a line of level stone setts, which offered no obstruction to the passage either of the motor car or of persons desiring to enter it from the highway. There members of the public entered the car, which was licensed as a hackney carriage for revenue purposes, but which was not licensed to ply for hire within the Metropolitan Police District, and on payment of 6d to the driver were driven to the Richmond Park Golf Club: Held the motor car was plying for hire in a ‘public street, road, or place’ within Metropolitan Public Carriage Act 1869 (c 115).


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