A Railway Act, after providing that when merchandise is conveyed in trucks not belonging to the company the trader shall be entitled to recover from the company a reasonable sum by way of demurrage for any detention of his trucks beyond a reasonable time, enacted that ‘any difference arising under this section shall be determined by an arbitrator to be appointed by the Board of Trade at the instance of either party.’
A claim by a trader for damages sustained by him in hiring a truck in the place of one delayed by the railway company held to be in respect of a ‘difference arising under this section,’ and to be accordingly a question for an arbitrator and not for a court of law.
Judges:
Lord Chancellor (Loreburn), Lords Macnaghten, Robertson, Atkinson, and Collins
Citations:
[1908] UKHL 974, 45 SLR 974
Links:
Jurisdiction:
England and Wales
Transport, Arbitration
Updated: 26 April 2022; Ref: scu.621493