Cork Distillery Company v Great Southern and Western Railway Company

• Jurisdiction: Ireland
• Judgment Date: 20 June 1874
• Date: 20 June 1874
• Court: House of Lords (Ireland)

H. L.

CORK DISTILLERY COMPANY

and

GREAT SOUTHERN AND WESTERN RAILWAY COMPANY (IRELAND).

Young, Jackson, & Co. L. R. W. Notes, 11th July, 1874, p. 153.

Railway Company Carrier Consignor and Consignee of goods.

334 THE IRISH REPORTS. [I. E. Exchequer. may be deduced from the authorities governing the present case. 1874. That principle appears to me to be this, that a contract of this GALLAGHER nature, prima facie unreasonable and unjust, becomes reasonable G.W.v. and just if an alternative is left to the party forwarding or deliver RAIL. Co. ing the goods to enter into a contract which is just and reasonable. In the case of Harrison v. The London, Brighton, and S. C. RailÂÂway Co. (1), in the Exchequer Chamber, it was decided that it lies on the party objecting to the alternative as unreasonable to show that it is so. Order absolute to reduce verdict. Attorney for the Plaintiff : T. F. Strange. Attorney for the Defendant : J. Ambrose. (HOUSE OF LORDS). H. L. 1874. CORK DISTILLERY COMPANY v. GREAT SOUTHERN June 20. AND WESTERN RAILWAY COMPANY (IRELAND). Railway Company-Carrier-Consignor and Consignee of goods. PROCEEDING in Error on a judgment of the Court of Exchequer Chamber, which had reversed the judgment of the Court of Queen's Bench (I. R. 5 C. L. 177). The Distillery Company had sold 20 puncheons of whiskey to Messrs. Stein & Co., of Limerick, and the whiskey was to be carried...