Caledonian Railway Company v Mulholland or Warwick
| Jurisdiction | England & Wales |
| Judgment Date | 16 November 1897 |
| Judgment citation (vLex) | [1897] UKHL J1116-1 |
| Court | House of Lords |
| Date | 16 November 1897 |
[1897] UKHL J1116-1
House of Lords
After hearing Counsel, as well yesterday as this day, upon the Petition and Appeal of the Caledonian Railway Company, incorporated by Act of Parliament, praying, That the matter of the Interlocutor set forth in the Schedule thereto, namely, an Interlocutor of the Lords of Session in Scotland of the Second Division, of the 29th of January 1897, might be reviewed before Her Majesty the Queen, in Her Court of Parliament, and that the said Interlocutor might be reversed, varied, or altered, or that the Petitioners might have such other relief in the premises as to Her Majesty the Queen, in Her Court of Parliament, might seem meet; as also upon the printed case of Mrs. Sarah Mulholland or Warwick, lodged in answer to the said Appeal, and due consideration had of what was offered on either side in this Cause:
It is Ordered and Adjudged, by the Lords Spiritual and Temporal, in the Court of Parliament of Her Majesty the Queen assembled, That the said Interlocutor of the 29th of January 1897, complained of in the said Appeal, be, and the same is hereby, Reversed: And it is further Ordered, that the Cause be, and the same is hereby, remitted back to the Court of Session in Scotland, with directions to dismiss the Action as against the Appellants, and to find the Appellants entitled to the expenses of process in the Courts below: And it is further Ordered, That the Respondent do pay to the Appellants their costs of the Appeal to this House; the amount of such last-mentioned costs to be certified by the Clerk of the Parliaments: And it is also further Ordered, That unless the...
To continue reading
Request your trial
-
Oliver or Chapman v Saddler & Company
...the stevedore's business and that he considered the case concluded by the case of The Caledonian Railway Coy., v. Mulholland or Warwick. 1898, AC. 216. a case which influenced the judgment of the other learned judges and, if it is relevant to the case, binds ours as well. In my opinion, how......
-
M'Alister or Donoghue (Pauper) v Stevenson
...I need only mention to distinguish two cases in this House which are referred to in some of the cases which I have reviewed. Caledonian Railway Co. v. Warwick 1898 A.C. 216 in which the appellant company were held not liable for injuries caused by a defective brake on a coal wagon conveyed......
-
Mrs. Margaret Mctear V. Imperial Tobacco Limited
...distinguish the case of a thing in its nature dangerous without warning, described by Lord Shand in Caledonian Railway Co v Mulholland [1898] A.C. 216, at p.292, citing the argument of the present Lord Dunedin, then Lord Advocate, as 'an instrument noxious or dangerous in itself which might......
-
Union Government (Minister of Railways and Harbours) v Matthee NO
...called in before unloading took place. See Membery v. 1917 AD p696 Great Western Railway (14 A.C. 179); Mulholland v Caledonian Railways (1898, A.C. 216). There has been the intervention of another agency, to wit, the consignee, and the appellant is not responsible. See further Earl v Lubbo......