Court of Session Inner House Second Division ‘Notice. – This ticket is issued to and accepted by the passenger subject to the following conditions’
In an action at the instance of a passenger on an Atlantic steamer against the shipping company for damages for injuries sustained by him on the voyage the pursuer averred that his attention had not been drawn to conditions on the ticket limiting the liability of the shipowner to pounds 10 in the case of accident, and that he was not aware of the same. The Court allowed a proof before answer as to the terms and conditions of the contract of carriage between the parties.
Neither the shipowner nor the passage broker or agent is responsible for loss of or injury to the passenger, or his luggage or personal effects, or delay on the voyage, arising from steam, latent defects in the steamer, her machinery, gear, or fittings, or from the act of God, king’s enemies, perils of the sea or rivers, restraints of princes, rulers and people’s barratry or negligence in navigation of the steamer, or of any other vessel.
Neither the shipowner nor the passage broker or agent is in any case liable for loss of or injury to the passenger or his luggage, or delay in delivery of luggage or personal effects of the passenger, beyond the amount of pounds 10 in the case of each first-class passage, or pounds 5 in the case of each second-class or steerage passage, unless the value of the passenger’s luggage in excess of that sum be declared at or before the issue of this contract ticket, and freight at current rates for every kind of property (except pictures, statuary, and valuables of any description, upon which one per cent. will be charged) is paid.
Judges:
Lord Anderson, Ordinary
Citations:
[1916] SLR 429
Links:
Jurisdiction:
Scotland
Cited by:
See Also – Hood v Anchor Line (Henderson Brothers) Ltd SCS 31-Oct-1917
Court of Session Inner House Second Division – Carriage of Passengers – Conditions on Ticket Limiting Liability of Carrier – Notice of Conditions – A passenger on a trans-Atlantic steamer, who brought an action against the owners thereof for damages . .
Cited – Hood v Anchor Line (Henderson Bros) Ltd HL 1-Jul-1918
An English court may exercise its jurisdiction in personam over the liquidator to enforce the contract between the chargee and the company, and may require the liquidator to pay the proceeds to the chargee, The Scottish courts did not recognise the . .
Lists of cited by and citing cases may be incomplete.
Contract, Personal Injury
Updated: 26 November 2022; Ref: scu.618272