North-West Transportation Co. v. McKenzie

North-West Transportation Co. v. McKenzie

On the whole correspondence a through contract existed; the bill of lading produced after the vessel sailed did not alter the prior agreement and did not bind the shipper or absolve the carrier; therefore defendants remained liable for damage caused by mixing while the goods were within their custody or control, and the appeal is dismissed.

Citation
(1895) 25 SCR 38
Parties
Appellant Defendant: North-West Transportation Company; Respondent Plaintiff: F.B. McKenzie
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
26 June 1895
Procedural Posture
Contract (carriage of Goods) / Appeal to Supreme Court of Canada From Court of Appeal for Ontario
Outcome
Appeal dismissed with costs
Legal Topics
Through Contract, Bill of Lading as Contract Vs Receipt, Agency Authority of Shipping Agents, Liability for Mixing Goods, Formation of Contract by Correspondence
Source Language
English
Contract Carriage of Goods Agency Bills of Lading Through Contract Bill of Lading as Contract Vs Receipt Agency Authority of Shipping Agents Liability for Mixing Goods +1 more

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Parties

North-West Transportation Company

Appellant Defendant

F.B. McKenzie

Respondent Plaintiff

Procedural Posture

Contract (carriage of Goods) / Appeal to Supreme Court of Canada From Court of Appeal for Ontario

Legal Issues

  1. 1 Whether a through contract existed from Duluth to Montreal or only to Sarnia
  2. 2 Whether a bill of lading tendered after the vessel sailed could vary the prior written and telegraphed agreement
  3. 3 Whether the shipping agent could bind the principal by delivering a bill of lading after sailing

Ratio Decidendi

On the whole correspondence a through contract existed; the bill of lading produced after the vessel sailed did not alter the prior agreement and did not bind the shipper or absolve the carrier; therefore defendants remained liable for damage caused by mixing while the goods were within their custody or control, and the appeal is dismissed.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs