Gallagher v Great Western Railway Company

• Jurisdiction: Ireland
• Judgment Date: 10 June 1874
• Date: 10 June 1874
• Court: Exchequer (Ireland)

Exchequer.

GALLAGHER

and

GREAT WESTERN RAILWAY COMPANY.

Peek v. North Staffordshire Railway CompanyENR 10 H. L. C. 513.

Glenister v. Great Western Railway CompanyUNK 29 L. T. N. S. 423.

Gregory v. West Midland Railway CompanyENR 2 H. & C. 944.

Rooth v. North-Eastern Railway CompanyELR L. R. 2 Ex. 173.

Lloyd v. Waterford and Limerick Railway CompanyUNK 15 Ir. C. L. R. 37.

Harrison v. London, Brighton, and South Coast Railway CompanyENR 2 B. & S. 122, 152.

Allday v. Great Western Railway CompanyUNK 34 L. J. Q. B. 5.

M'Andrew v. Electric Telegraph CompanyENR 17 C. B. 3.

Robinson v. London and South Western Railway CompanyENR 19 C. B. N. S. 57.

M'Cance v. London and North-Western Railway CompanyENR 7 H. & N. 477.

Peek v. The North Staffordshire CompanyENR 10 H. L. C. 578.

Carrier of goods Condition Reasonable alternative

THE IRISH REPORTS. [I. R. MONAHAN, C. J. :- I quite concur in the judgment delivered by my brother MORÂÂRIS, but I prefer resting my opinion entirely upon the averments in the summons and plaint as to the authority delegated by the Defendants to the captain, and which averments are admitted by the demurrer. On the allegations in the summons and plaint, it appears to me that we must assume that the deceased was bound to obey the orders of the captain, independently of any authority which the latter would, from his position as captain or master of the vessel, possess. Confining myself to the averments contained in the plaint, I am of opinion that the demurrer must be overÂÂruled. Demurrer overruled. Attorney for the Plaintiff : John Rea. Attorney for the Defendants : William Harper. GALLAGHER v. GREAT WESTERN RAILWAY COMPANY. Carrier of goods-Condition-Reasonable alternative-" Railway and Canal Traffic Act" (17 4. 18 Viet. c. 31), s. 7. A Railway Company may, by special contract signed as required by sect. 7 of " The Railway and Canal Traffic Act, 1854," limit their liability for their own neglect or default, and this limitation is subject to but one restriction-that it be adjudged to be just and reasonable. The principle deducible from the authorities is, that a contract of this nature, prima facie unjust and unreasonable, becomes just and reasonable if an alterÂÂnative is left to the party forwarding or delivering the goods to enter into a contract which is just and reasonable. A Railway Company had two rates for the carriage of goods-one, the ordiÂÂnary or higher rate, when they undertook the ordinary liability of the carrier ; the other, a reduced rate, when the sender relieved them of all liability for loss, or damage, or delay, except upon proof that such loss, or damage. or delay arose from wilful misconduct on the part of their servants :-Held-the higher rate not being shown to be prohibitive or excessive-that the alternative afforded to the public was just and reasonable, and, therefore, that a contract founded upon the latter branch of it was valid. ACTION for delay in the carriage of fish from Waterford to London. VOL. VIII.] COMMON LAW SERIES. The first count of the plaint complained of non-delivery in time for a special market ; and the second, of non-delivery within a reasonable time, whereby the fish were rendered useless. The Defendants, in addition to the ordinary traverse, pleaded a special plea upon a special contract, under which they sought to limit their liability to cases in which there was proved wilful misconduct on the part of their servants. The paper which contained the contract was-headed :- " GREAT WESTERN RAILWAY. " Consignment of Goods to be carried at Owner's risk!' Immediately under was the following notice := " The Great Western Railway Company hereby give notice that they have two rates for the conveyance of certain articles ; one, the ordinary rate, when they take the ordinary liability of the carrier ; the other, a reduced rate, adopted when the sender relieves them of all liability of loss, damage, or delay, except upon proof that such loss, damage, or delay arose from wilful misconduct on the part of the Company's servants." Underneath, on the same paper, was the following receiving-note :- " To THE GREAT WESTERN RAILWAY COMPANY. " WATERFORD STATION, "1st of October, 1873. "Receive and forward the undermentioned goods to be carried at the reduced rate, below the Company's ordinary rate, in consideration whereof I undertake to relieve the Great Western Railway Company and all other Companies over whose lines the goods may pass from all liability in case of damage or delay, except upon proof that such loss...