Cork Distillery Company v Great Southern and Western Railway Company

Judgment Date20 June 1874
Date20 June 1874
CourtHouse of Lords (Ireland)

H. L.


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 from Cork to Limerick by the Railway Company. The following was the form of the sets of papers :-(They were partly printed, and the blanks filled up in writing, and some of the words were ranged in columns)-One was : " Delivered to the Great Southern and Western Railway Co. in good order. Customs warehouse of One puncheon of whiskey for Messrs. John Stein & Co. Limk. Station Limerick. Cork Distilleries Co. (Limited)." The second was :-" Received from Cork Distilleries Co. Limited, in good order and condition, Puncheons, &c., of whiskey. To be delivered in like good order at the undermentioned stations, as follows : One puncheon. For Mr. warehouse. Limerick Station." All these (1) 2 B. & 6. 152. VOL. VIII.] COMMON LAW SERIES. 335 words being in separate columns, which were generally headed IL L. with descriptive words. In a second line under each of these 1874. words were others: " and John Stein & Co. Limerick. Do." ; CORK DiS- TILLEr CO. and this paper was signed " For Great Southern and Western Railway Co." The third paper was in the following form: -" Cork, GT. S. &amp...

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