Polwarth v. North British Railway Co. and Others [1907] ScotLR 102 (15 November 1907)

Polwarth v. North British Railway Co. and Others [1907] ScotLR 102 (15 November 1907)

The railway company breached the contract by intentionally returning the cattle by a different route than agreed, but the breach did not put them outside the Railway and Canal Traffic Act 1854, sec. 7; therefore, liability was limited to £15 per animal, as no declaration of higher value was made.

Citation
[1907] ScotLR 102
Parties
Pursuer: Lord Polwarth; Defender: North British Railway Company; Defender: North-Eastern Railway Company
Jurisdiction
Scotland
Judgment Date
15 November 1907
Procedural Posture
Civil Action for Damages / Appeal/reclaiming Motion Before Inner House
Outcome
appeal allowed in part; liability limited
Legal Topics
Breach of Contract, Carriage of Goods, Railway Liability, Limitation of Liability, Statutory Interpretation
Contract Transportation Commercial Law Breach of Contract Carriage of Goods Railway Liability Limitation of Liability Statutory Interpretation

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Parties

Lord Polwarth

Pursuer

North British Railway Company

Defender

North-Eastern Railway Company

Defender

Procedural Posture

Civil Action for Damages / Appeal/reclaiming Motion Before Inner House

Legal Issues

  1. 1 Whether the railway company breached the contract by deviating from the agreed route for return carriage.
  2. 2 Whether the company could rely on contractual or statutory limitation of liability after breach.
  3. 3 Interpretation of 'same route' stipulation and its effect on liability.

Ratio Decidendi

The railway company breached the contract by intentionally returning the cattle by a different route than agreed, but the breach did not put them outside the Railway and Canal Traffic Act 1854, sec. 7; therefore, liability was limited to £15 per animal, as no declaration of higher value was made.

Court Disposition

appeal allowed in part; liability limited

Orders

  • Lord Ordinary's interlocutor recalled
  • Defenders ordered to pay pursuer £45 with interest, conjunctly and severally