Bastable v. North British Railway Co. [1912] ScotLR 446 (22 February 1912)
The station-master at Alva deliberately failed to gauge the load despite clear reason to doubt its dimensions, in breach of a mandatory rule. This omission was intentional and reckless, constituting wilful misconduct under the special contract, making the railway company liable for damages.
- Citation
- [1912] ScotLR 446
- Parties
- Pursuer: William Bastable; Defenders: North British Railway Company
- Jurisdiction
- Scotland
- Judgment Date
- 22 February 1912
- Procedural Posture
- Civil Appeal / Appeal From Sheriff Court to Court of Session Inner House
- Outcome
- appeal sustained
- Legal Topics
- Carriage of Goods, Owner's Risk, Wilful Misconduct, Railway Regulations, Liability Limitation
Case Brief
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Parties
William Bastable
Pursuer
North British Railway Company
Defenders
Procedural Posture
Civil Appeal / Appeal From Sheriff Court to Court of Session Inner House
Legal Issues
- 1 Whether omission to gauge the load amounted to wilful misconduct under the special contract
- 2 Interpretation of 'wilful misconduct' in railway carriage contracts
Ratio Decidendi
The station-master at Alva deliberately failed to gauge the load despite clear reason to doubt its dimensions, in breach of a mandatory rule. This omission was intentional and reckless, constituting wilful misconduct under the special contract, making the railway company liable for damages.
Court Disposition
appeal sustained
Orders
- Interlocutor of Sheriff-Substitute recalled
- Findings amended to establish wilful misconduct
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