McQueen v Great Western Railway Company

DECLARATION for not carrying a parcel of drawings from Cardiff to London, and there delivering them.

Plea, that the goods were within the Carriers Act (11 Geo. 4 & 1 Wm. 4, c. 68), and were above the value of 10l., and were not declared or insured.

Replication, that the loss of the goods was occasioned by the felonious act of the defendants' servants.

Issue thereon.

At the trial, before Cockburn, C.J., at the sittings in Middlesex, after Michaelmas Term, 1874, it was proved that on the evening of the 29th of August, 1873, the plaintiff's agent delivered a case containing water-colour drawings to the defendants at Cardiff, to be forwarded from Cardiff to London. The case was addressed to be plaintiff, and marked, “Valuable pictures. With care.” It measured 48 inches by 30 inches, and weighed 1 cwt. 16 lbs. No declaration was made of the contents and value of the case, nor was it insured. The next day the defendants' servants put the case into a truck, into which a seaman's chest was also put, and the two were covered over with a tarpaulin. A number of empty boxes were put round them. About one o'clock the truck, being loaded, was placed on a siding, which was half a mile in length and formed part of the goods station, to await the departure of the 8.20 p.m. goods train for London, to which it would have to be attached.

The goods station at Cardiff extends about a mile in length, and was laid down with two sets of rails or sidings, over which were two level crossings, so that any person coming on to the level crossings could, if they pleased, get into any part of the goods station. On one side the fence was a low paling, over which persons. outside could easily climb, and so obtain access into the station; on the other side there were two gates, a cart-gate and a foot-gate. A number of persons came through the cart-gate with carts bringing and taking away goods to and from the station. After six o'clock the cart-gate was locked, but the foot-gate was open day and night. Persons other than the company's servants used the goods station as a thoroughfare, to get from one part of the town of Cardiff to another. On the arrival of the goods train at London the next morning the case was missing, and the seaman's chest had been broken open, and the cords with which it was fastened had been cut.

It was admitted, on behalf of the defendants, that the case must have been stolen by some one from the truck while standing in the goods station, but it was contended that there was no evidence of a felony having been committed by the defendants' servants. No witnesses were called on behalf of the defendants.

Cockburn, C.J., at the request of the plaintiff's counsel, on the authority of Vaughton v. London and North Western Ry. Co.^F1, left the question to the jury whether the case had been stolen by any of the defendants' servants, directing them that, if the facts, in their opinion, were more consistent with the guilt of the defendants' servants than with that of any other person not in their employ, that was sufficient to call upon the defendants for an answer, which not having been given, the inference might well be that a felony had been committed by some of their servants.

The jury found a verdict for the plaintiff for 365l., leave being reserved to the defendants to move to enter a verdict for the defendants or a nonsuit.

A rule was afterwards obtained on the ground that there was no evidence to go to the jury of a felony having been committed by the defendants' servants.