The respondents purchased from the Ministry of Munitions twenty-seven bales of calico then lying at the works of Kynochs Limited, Birmingham, and requested Kynochs to forward the bales to them at Manchester, carriage forward. Kynochs consigned the goods already loaded and sheeted by them for carriage by the appellants’ railway, and the appellants signed an acknowledgment on the consignment-note that the goods were received in good condition. The appellants delivered the goods, and by an invoice sent to the respondents charged for them at a rate which included the loading and sheeting of the goods. Upon delivery the goods were found to have been damaged during transit by water owing to defective sheeting. The respondents sued in the County Court for pounds 42, the agreed amount of the damage. Under agreement between the appellants and Kynochs the latter undertook the sheeting and loading of goods consigned from their sidings, receiving a rebate of 2s. 3d. per ton. The sheets and trucks were provided by the Railway Company. The respondents were unaware of this agreement. Held (Lord Haldane and Lord Phillimore dis.) that the appellants were liable to the respondents either as common carriers or under the contract in the consignment-note, and this apart from the agreement between the appellants and Kynochs as to terminal services.
Judges:
Lords Haldane, Dunedin, Atkinson, Buckmaster, and Phillimore
Citations:
[1920] UKHL 452, 57 SLR 452
Links:
Jurisdiction:
England and Wales
Contract
Updated: 18 June 2022; Ref: scu.631507