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Gallagher v Great Northern Railway (Ireland)

Irish Law Times Reports (Digests) Cited authorities 2 Cited in Precedent Map Related
Vincent
JurisdictionNorthern Ireland
Judgment Date01 January 1951
Date01 January 1951
CourtRecorder’s Court (Northern Ireland)
Rec. Ct., N.I.
Gallagher
and
Great Northern Railway (Ireland)

- Negligence - Loss of goods by carrier - Silk articles - Silk articles not expressly mentioned - No increased charge made - Liability of carrier for loss - Carriers Act, 1830 (11 Geo. 4 and 1 Wm. 4, 68), s. 8.

The plaintiff delivered to the defendants at Londonderry a suitcase, containing, amongst other things, various articles of silk, to be carried by the defendants from Londonderry to Dublin. The case was handed to the company's servant and, along with three others, was put in a position inside the guard's van near the door so as to facilitate their unloading. The guard's van was next to the second class compartment in which the plaintiff travelled. During the journey the plaintiff saw the case in the guard's van which was unlocked and was therefore accessible to passengers travelling on the train. The train stopped at Dundalk where there was a customs examination and also at Drogheda, where mail was put on. The case was last seen in the guard's van during the customs examination and was first missed a short time after the train had left Drogheda where there had been a halt of ten minutes. The fact of the missing case was reported to the guard who searched the train but failed to find any trace of it. The defendants admitted that they were liable for the sum of £18 15s. 2d.., being the value of the non-silk articles in the suitcase. No declaration as to the value of the articles was made...

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