Grand Trunk Rway. Co. of Canada v. Frankel Brothers

Grand Trunk Rway. Co. of Canada v. Frankel Brothers

The consignee (McDonell Rolling Mills) validly refused delivery at Swansea which terminated the transitus; the railway thereby ceased to be a common carrier and became an involuntary bailee/warehouseman whose liability depends on negligence; because negligence was neither pleaded nor tried, the Court of Appeal erred in imposing liability as warehouseman without trial — appeal allowed and action dismissed with costs, while preserving respondents' right to bring a fresh action on bailee liability if desired.

Citation
(1903) 33 SCR 115
Parties
Appellant (defendant): Grand Trunk Railway Company of Canada; Respondent (plaintiff): Frankel Brothers
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
17 February 1903
Procedural Posture
Civil Appeal (carriage of Goods) / Final Decision on Appeal to Supreme Court of Canada
Outcome
Appeal allowed; judgment of Court of Appeal reversed; action dismissed; costs to appellants in all courts; respondents' right reserved to bring separate action on alleged bailee/warehouseman liability.
Legal Topics
Consignee Acceptance, Transitus (termination of Carriage), Carrier Liability, Warehouseman/bailee Liability, Gross Negligence Standard, Act of God/force Majeure, Pleading and Amendment
Source Language
English
Transportation Contract Bailment Tort Negligence Commercial Law Consignee Acceptance Transitus (termination of Carriage) Carrier Liability +4 more

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Parties

Grand Trunk Railway Company of Canada

Appellant (defendant)

Frankel Brothers

Respondent (plaintiff)

Procedural Posture

Civil Appeal (carriage of Goods) / Final Decision on Appeal to Supreme Court of Canada

Legal Issues

  1. 1 Whether consignee could validly refuse delivery at intermediate station and thereby end transitus
  2. 2 Whether the railway remained liable as common carrier after such refusal or became an involuntary bailee/warehouseman
  3. 3 What standard of liability applies to railway as warehouseman (ordinary vs gross negligence)

Ratio Decidendi

The consignee (McDonell Rolling Mills) validly refused delivery at Swansea which terminated the transitus; the railway thereby ceased to be a common carrier and became an involuntary bailee/warehouseman whose liability depends on negligence; because negligence was neither pleaded nor tried, the Court of Appeal erred in imposing liability as warehouseman without trial — appeal allowed and action dismissed with costs, while preserving respondents' right to bring a fresh action on bailee liability if desired.

Court Disposition

Appeal allowed; judgment of Court of Appeal reversed; action dismissed; costs to appellants in all courts; respondents' right reserved to bring separate action on alleged bailee/warehouseman liability.

Orders

  • Appeal allowed
  • Action dismissed