Carrier – Railway – Contract – Goods Carried at Owner’s Risk – Short Delivery – Question whether a Consignment has been Delivered when Part of it is Missing.
An owner’s risk contract excluded from the exemption from liability conferred on the railway company ‘the non-delivery of any package or consignment fully and properly addressed.’
Of 750 carcases carried by the appellant company fourteen were lost in transit. The respondent claimed the value of the missing carcases. The appellant claimed to have delivered the consignment, and to be exempt under the contract from damages for short delivery.
Held ( dis. Lord Shaw) that short delivery was not equivalent to failure to deliver the consignment under the contract note.
Decision of the Court of Appeal, [1915] 1 K.B. 199, reversed.
Judges:
Earl Loreburn, Viscount Haldane, Lords Kinnear, Shaw, and Parmoor
Citations:
[1917] UKHL 638, 54 SLR 638
Links:
Jurisdiction:
England and Wales
Transport, Contract
Updated: 17 July 2022; Ref: scu.630999