William McEvoy Ltd v James Calder & Company Ltd

• Jurisdiction: Ireland
• Judgment Date: 01 January 1921
• Date: 01 January 1921
• Court: House of Lords (Ireland)

H. L.,

William McEvoy, Limited

Appellants

and James Calder and Company, limited

Respondents

Jurisdiction - Issue of fact - Order to enter judgment - New trial - Evidence both ways - Function of jury -Power of Court of Appeal - R. S. C. (Ireland) Order XL., r. 9 - Or. LVIII., r. 4.

In anaction by the respondents, the plaintiffs, to recover from the appellants alleged overpayments by the respondents in respect of barley purchased from the appellants, shipped in bulk by them at D., and delivered at G., £253 2s. 3d. was claimed by the respondents in respect of shortage of 67 qrs. of barley or 135 bags equalling 13¹/₂ tons in weight. The issue, in the opinion of the majority of their lordships, was whether the respondents had proved that the appellants had delivered on board the steamship A. at D. only 253 tons of barley, the question being whether the weighing at D.or at G. was the more reliable. At D. every tenth bag was weighed at G. every bag was weighed by sworn weighers. No charge of fraud or dishonesty was made. On the question of fact the evidence was in direct conflict. The Court of Appeal directed judgment to be entered for the respondents instead of the judgment for the appellants given after a second trial of the action before a judge and jury:—Held, by Viscount Cave and Lords Atkinson and Summer, that as there was only one conclusion which could reasonably and properly be drawn from the evidence, and there being no prospect of further material evidence, according to the principle laid down by Lord Parker of Waddington in Banbury v. Bank of MontrealELR...