A railway company agreed with certain coalmasters to carry their coal at so much per ton per mile when carried a distance exceeding six miles, and further, that if they should charge any other trader for distances above six miles for the same description of traffic ‘lower rates’ than those stipulated in the agreement, they should give the coal-masters who were parties to the agreement a corresponding reduction in the rates payable by them. Held ( aff. judgment of Second Division) that ‘lower rates’ meant lower rates per ton per mile, and therefore the company having charged another trader lower rates per ton per mile, held that the coalmasters were entitled to a corresponding reduction, though owing to the distance for which this trader’s coal was carried the lump sum payable by him was greater than that paid by the coalmasters who were parties to the agreement.
Judges:
Lords Blackburn, Fitzgerald, and Halsbury
Citations:
[1886] UKHL 728, 23 SLR 728
Links:
Jurisdiction:
Scotland
Citing:
Appeal from – Mackinnon (Gilmours Trustee) v The Glasgow and South-Western Railway Co SCS 15-Jul-1885
. .
Lists of cited by and citing cases may be incomplete.
Transport, Contract
Updated: 23 March 2022; Ref: scu.637736