Turnbull, Scott & Co. v. Cruickshank & Co. [1904] ScotLR 42_207 (15 December 1904)

Turnbull, Scott & Co. v. Cruickshank & Co. [1904] ScotLR 42_207 (15 December 1904)

The Court held that 'working day of twenty-four consecutive hours' means each period of 24 consecutive hours (excluding Sundays and holidays), not just working hours. Delay due to lack of railway trucks, being ejusdem generis with 'stoppage of trains' and beyond the charterers' personal control, falls within the exceptions clause, exempting the charterers from demurrage for that period. However, only the hours during which trucks were customarily supplied and not supplied are to be deducted, not night hours when trucks were not requested or customarily available.

Citation
[1904] ScotLR 42_207
Parties
Pursuer/respondent: Turnbull, Scott & Company; Defender/appellant: Cruickshank & Company
Jurisdiction
Scotland
Judgment Date
15 December 1904
Procedural Posture
Commercial Shipping/demurrage Claim / Appeal From Sheriff Court to Court of Session, Inner House, Second Division
Outcome
Appeal sustained in part; interlocutor of Sheriff-Substitute recalled; defenders liable for demurrage only for period not covered by exceptions.
Legal Topics
Charter Party Interpretation, Demurrage, Lay Days, Exceptions Clauses, Custom of Port
Shipping Law Contract Law Charter Party Interpretation Demurrage Lay Days Exceptions Clauses Custom of Port

Case Brief

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Parties

Turnbull, Scott & Company

Pursuer/respondent

Cruickshank & Company

Defender/appellant

Procedural Posture

Commercial Shipping/demurrage Claim / Appeal From Sheriff Court to Court of Session, Inner House, Second Division

Legal Issues

  1. 1 Proper construction of 'working day of twenty-four consecutive hours' in a charter-party
  2. 2 Whether delay due to lack of railway trucks falls within exceptions to demurrage liability

Ratio Decidendi

The Court held that 'working day of twenty-four consecutive hours' means each period of 24 consecutive hours (excluding Sundays and holidays), not just working hours. Delay due to lack of railway trucks, being ejusdem generis with 'stoppage of trains' and beyond the charterers' personal control, falls within the exceptions clause, exempting the charterers from demurrage for that period. However, only the hours during which trucks were customarily supplied and not supplied are to be deducted, not night hours when trucks were not requested or customarily available.

Court Disposition

Appeal sustained in part; interlocutor of Sheriff-Substitute recalled; defenders liable for demurrage only for period not covered by exceptions.

Orders

  • Defenders (Cruickshank & Co.) to pay pursuers (Turnbull, Scott & Co.) £48, 10s. 10d. sterling with interest as concluded for.
  • Pursuers entitled to expenses in Sheriff Court and two-thirds of expenses in Court of Session.