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W. H Wilson Vs. the Madras Municipality - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported in(1895)5MLJ293
AppellantW. H Wilson
RespondentThe Madras Municipality
Cases ReferredWilliams v. Ellis
Excerpt:
- - clearly, as appears from the language of schedule b, the term is not confined to carriages drawn by horses or other beasts of burden......that a bicycle is a vehicle with springs within the meaning of the madras act i of 1884. the word ' vehicle ' is not defined in the act: the term is used by itself and not qualified by a reference to any particular kinds of vehicle. clearly, as appears from the language of schedule b, the term is not confined to carriages drawn by horses or other beasts of burden. a perambulator used for children is within the operation, though it may be exempted under the proviso to section 153.2. the case of williams v. ellis (1880) l.r. q.b.d. 175 is distinguishable for the reason that, in thestatute there under consideration, various special kinds of carriages were mentioned and therefore the rule of ejusdem generis applied. as it cannot be doubted that a bicycle is a vehicle in the general.....
Judgment:

1. We are of opinion that a bicycle is a vehicle with springs within the meaning of the Madras Act I of 1884. The word ' vehicle ' is not defined in the Act: The term is used by itself and not qualified by a reference to any particular kinds of vehicle. Clearly, as appears from the language of Schedule B, the term is not confined to carriages drawn by horses or other beasts of burden. A perambulator used for children is within the operation, though it may be exempted under the proviso to Section 153.

2. The case of Williams v. Ellis (1880) L.R. Q.B.D. 175 is distinguishable for the reason that, in thestatute there under consideration, various special kinds of carriages were mentioned and therefore the rule of ejusdem generis applied. As it cannot be doubted that a bicycle is a vehicle in the general acceptation of the word, so we think there is no doubt that this particular bicycle is a vehicle with springs.

3. We must therefore answer the question in the affirmative.


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