Excelsior Wire Rope Company Ltd v Callan

JurisdictionEngland & Wales
Judgment Date06 February 1930
Judgment citation (vLex)[1930] UKHL J0206-1
CourtHouse of Lords
Date06 February 1930

[1930] UKHL J0206-1

House of Lords

Excelsior Wire Rope Company, Limited
and
Callan and Others.
1

After hearing Counsel for the Appellants, as well on Tuesday the 4th day of this instant February as this day, upon the Petition and Appeal of Excelsior Wire Rope Company, Limited, whose registered office is situate at North Road, Maindy, Cardiff, in the County of Glamorgan, praying, That the matter of the Order set forth in the Schedule thereto, namely, an Order of His Majesty's Court of Appeal, of the 12th of November 1928, might be reviewed before His Majesty the King, in His Court of Parliament, and that the said Order might be reversed, varied, or altered, or that the Petitioners might have such other relief in the premises as to His Majesty the King, in His Court of Parliament, might seem meet; as also upon the printed case of Leslie Daniel Callan and Eileen Callan, (by John Patrick Callan their father and next friend), and the said John Patrick Callan, lodged in answer to the said Appeal; and Counsel appearing for the Respondents, but not being called upon; and due consideration being had of what was offered for the said Appellants:

2

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in the Court of Parliament of His Majesty the King assembled, That the said Order of His Majesty's Court of Appeal, of the 12th day of November 1928, complained of in the said Appeal, be, and the same is hereby, Affirmed, and that the said Petition and Appeal be, and the same is...

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22 cases
  • Munnings v Hydro-Electric Commission
    • Australia
    • High Court
    • Invalid date
  • Videan v British Transport Commission
    • United Kingdom
    • Court of Appeal
    • 28 May 1963
    ...Addie v. Dumbreck and Edwards v. Railway Executive it was the occupier himself who conducted the activities on the land. In Excelsior Wire Rope Co. Ltd. v. Callan, 1930 Appeal Cases, page 404, and Mourton v. Poulter, 1930 King's Bench, page 183, it was not the occupier but the contractor or......
  • Draper v Hodder
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 3 February 1972
    ...by way of precaution". 76In passing I would mention that the references in the actualreport from which I have just quoted to Excelsior Wire Rope Co. v. Callan is an obvious error for a references to Fardon v. Harcourt-Rivington and I have amended the quotation 77Thus, as I think, within a y......
  • British Railways Board v Herrington
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 2 December 1970
    ...servants could, in the circumstances of that case, be regarded as other than reckless. Strangely enough, a year later,in Excelsior Wire Rope Co. v. Callan & Others (1930 Appeal Cases 404), Viscount Dunedin (who was a party to the decision in Addie's case) concluded that the defendants' ser......
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