Boswell v. North British Railway Co. [1902] ScotLR 39_345 (30 January 1902)

Boswell v. North British Railway Co. [1902] ScotLR 39_345 (30 January 1902)

The railway company committed no actionable breach of contract or wrong in permitting the officer of the law to seize the salmon, and the claimed damages for prosecution expenses and injury to feelings were too remote and not a direct consequence of any breach.

Citation
[1902] ScotLR 39_345
Parties
Pursuer: Miss Boswell; Defender: North British Railway Company
Jurisdiction
Scotland
Judgment Date
30 January 1902
Procedural Posture
Civil / Appeal (reclaiming Motion)
Outcome
action dismissed
Legal Topics
Breach of Contract, Damages, Remoteness, Railway Carriage, Liability for Acts of Third Parties
Contract Tort Breach of Contract Damages Remoteness Railway Carriage Liability for Acts of Third Parties

Case Brief

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Parties

Miss Boswell

Pursuer

North British Railway Company

Defender

Procedural Posture

Civil / Appeal (reclaiming Motion)

Legal Issues

  1. 1 Whether the railway company breached its contract by permitting an officer of the law to seize property without a warrant
  2. 2 Whether damages claimed for prosecution expenses and injury to feelings are recoverable as a direct consequence of breach of contract

Ratio Decidendi

The railway company committed no actionable breach of contract or wrong in permitting the officer of the law to seize the salmon, and the claimed damages for prosecution expenses and injury to feelings were too remote and not a direct consequence of any breach.

Court Disposition

action dismissed

Orders

  • defenders assoilzied from conclusions of the summons
  • pursuer found liable to defenders in expenses