Glasgow and South-Western Railway Co. v. Polquhairn Coal Co., Ltd [1915] ScotLR 73 (09 November 1915)

Glasgow and South-Western Railway Co. v. Polquhairn Coal Co., Ltd [1915] ScotLR 73 (09 November 1915)

The person who orders wagons from the railway company is primarily liable for demurrage charges incurred by undue detention after conveyance, as this is a service rendered at their request and for their convenience under the statutory authority and the conditions of supply, regardless of whether the delay is caused by the consignee.

Citation
[1915] ScotLR 73
Parties
Pursuer: Glasgow and South-Western Railway Company; Defender: Polquhairn Coal Company, Limited
Jurisdiction
Scotland
Judgment Date
09 November 1915
Procedural Posture
Civil / Appeal From Sheriff Court to Court of Session, Inner House, First Division
Outcome
appeal dismissed; interlocutors of Sheriff-Substitute and Sheriff affirmed
Legal Topics
Railway Demurrage, Carrier Liability, Statutory Interpretation, Contractual Liability, Demurrage Charges
Transport Law Contract Law Commercial Law Railway Demurrage Carrier Liability Statutory Interpretation Contractual Liability Demurrage Charges

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Glasgow and South-Western Railway Company

Pursuer

Polquhairn Coal Company, Limited

Defender

Procedural Posture

Civil / Appeal From Sheriff Court to Court of Session, Inner House, First Division

Legal Issues

  1. 1 Whether the consignor is liable for demurrage charges incurred after delivery to the consignee when the trucks are detained beyond the free period.
  2. 2 Whether the railway company's circular imposing primary liability for demurrage on the person ordering the wagons is intra vires under the Railway Rates and Charges, No. 22 (Glasgow and South-Western Railway), Order Confirmation Act 1892.

Ratio Decidendi

The person who orders wagons from the railway company is primarily liable for demurrage charges incurred by undue detention after conveyance, as this is a service rendered at their request and for their convenience under the statutory authority and the conditions of supply, regardless of whether the delay is caused by the consignee.

Court Disposition

appeal dismissed; interlocutors of Sheriff-Substitute and Sheriff affirmed

Orders

  • Defenders (Polquhairn Coal Company, Limited) to pay pursuers (Glasgow and South-Western Railway Company) £48, 4s. 6d. with interest at 5% from date of citation
  • Defenders liable in expenses of the action and appeal