LEE
V.
KNAPP
WINN L.J.(reading the judgment)
This is an appeal on a case stated by one of the metropolitan stipendiary magistrates in respect of an adjudication made at Clerkenwell magistrates court. It is not necessary to go into the details of the matter. Broadly speaking and in so far as any of the facts are material, what happened was this: the defendant had driven a vehicle round the block in the City in which his company‘s office stood for the particular purpose of demonstrating to his own van driver, he being the managing director of a clothing manufacturing company, that a new two-ton van that the company had bought was really quite easy to handle; the driver had been doubtful about that.
The question of law is whether or not by leaving the van when he did, and so soon as he did, and going away himself to his company‘s offices, the defendant committed a breach of section 77 (1) of the Road Traffic Act, 1960, which provides, so far as material, that if in any case owing to the presence of a …