R. & J. Dick v. East Coast Railways [1901] ScotLR 39_134 (22 November 1901)

R. & J. Dick v. East Coast Railways [1901] ScotLR 39_134 (22 November 1901)

Where goods are so seriously damaged in transit by a carrier that repair would not restore them to their original condition or utility, the consignee is entitled to reject the goods and recover the value of the goods as new, rather than being limited to the cost of repair.

Citation
[1901] ScotLR 39_134
Parties
Pursuer: R. & J. Dick; Defender: East Coast Railways
Jurisdiction
Scotland
Judgment Date
22 November 1901
Procedural Posture
Civil / Appeal From Sheriff Court at Glasgow to Court of Session Inner House Second Division
Outcome
appeal dismissed; judgment for pursuers affirmed
Legal Topics
Carriage of Goods, Carrier Liability, Measure of Damages, Rejection of Goods, Damages for Injury to Goods in Transit
Contract Law Tort Law Commercial Law Carriage of Goods Carrier Liability Measure of Damages Rejection of Goods Damages for Injury to Goods in Transit

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Parties

R. & J. Dick

Pursuer

East Coast Railways

Defender

Procedural Posture

Civil / Appeal From Sheriff Court at Glasgow to Court of Session Inner House Second Division

Legal Issues

  1. 1 Whether the pursuers were entitled to reject the machine due to damage in transit
  2. 2 Whether the measure of damages should be the cost of repair or the value of the machine as new

Ratio Decidendi

Where goods are so seriously damaged in transit by a carrier that repair would not restore them to their original condition or utility, the consignee is entitled to reject the goods and recover the value of the goods as new, rather than being limited to the cost of repair.

Court Disposition

appeal dismissed; judgment for pursuers affirmed

Orders

  • Defenders to pay pursuers £100 sterling, with interest at 5% per annum from date of citation until payment