Simons v The Great Western Railway Company
| Jurisdiction | England & Wales |
| Judgment Date | 25 May 1857 |
| Date | 25 May 1857 |
| Court | Court of Common Pleas |
English Reports Citation: 139 E.R. 1588
IN THE COURT OF COMMON PLEAS AND IN THE EXCHEQUER CHAMBER
S. C. 26 L. J. C. P. 25; 4 W. R. 651. For subsequent proceedings see 2 C. B. N. S. 620. Approved, M'Manus v. Lancashire and Yorkshire Railway, 1859, 4 H. & N. 348. See Garton v. Bristol and Exeter Railway, 1861, 1 B. & S. 146, 157. Confirmed, Peek v. North Staffordshire Railway Company, 1863, 10 H. L. C. 473. Referred to, D' Arc v. London and North Western Railway, 1874, L. R. 9 C. P. 330. See Brown v. Manchester, Sheffield and Lincolnshire Railway, 1882-83, 10 Q. B. D. 266; 8 App. Cas. 722.
simons v. the great western railway company. June 18, 1856. [S. C. 26 L. J. C. P. 25; 4 W. K. 651. For subsequent proceedings see 2 C. B. N. S. 620. Approved, M'Manus v. Lancashire and Yorkshire Railway, 1859, 4 H. & N. 348. See Garton v. Bristol and Exeter Railway, 1861, 1 B. & S. 146, 157. Con firmed, Peek v. North Staffordshire Railway Company, 1863, 10 H. L. C. 473. Referred to, D'Arc v. London and North Western PMilicay, 1874, L. R. 9 C. P. 330. See Brown v. Manchester, Sheffield and Lincolnshire Railway, 1882-83, 10 Q. B. D. 266; 8 App. Gas. 722.] ; The 7th section of the Railway and Canal Traffic Act, 1854 (17 & 18 Viet. c. 31), does not prevent a railway company from making a special contract as to the terms upon which they will carry goods, provided such contract be " just and reasonable," and signed by the party sending the goods.-And it is for the court to say, upon the whole matters brought before them, whether or not the " condition " or " special contract" is just and reasonable.-A condition, that the company will not be accountable for the loss, detention, or damage of any package insufficiently or improperly packed,-Held, unjust and unreasonable.-Semble, that a condition " that no claim for damage will be allowed, unless made within three days after the delivery of the goods, nor for loss, unless made within three days of the time that they should be delivered,"-is just and reasonable.-A condition, that, in the case of goods conveyed at special or mileage rate, the company will not be responsible for any loss or damage, however caused,-is just and reasonable. This was an action against the Great Western Railway Company for the loss of goods. , The declaration stated, that the plaintiff, to wit, on the 8th of November, 1854, delivered to the defendants, as common carriers, and the defendants, as such carriers, received, divers, to wit, 150 packages of furniture, goods, chattels, and effects of the plaintiff, to be safely and securely carried and conveyed for the plaintiff by the defendants, to wit, from Paddington, in the county [806] of Middlesex, to Taunton, in the county of Somerset, there to be safely delivered to the plaintiff for certain reward therefor then paid by the plaintiff to the defendants : yet the defendants so carelessly and negligently conducted themselves in and about the carrying and conveying of the said goods, that, by and through the carelessness, neglect, and default of the defendants, divers, to wit, 10 of the said packages, and the contents thereof, were wholly lost to the plaintiff, and the residue of the said packages, and the furniture, goods, chattels, and effects therein contained, were by the like carelessness, neglect, and default of the defendants in the carriage and conveyance thereof, greatly broken, damaged and destroyed. And the plaintiff claimed 5001. The defendants pleaded,-first, not guilty. Secondly, that the plaintiff did not deliver to the defendants, nor did the defendants receive from the plaintiff, the said packages of furniture, goods, chattels, and (a) See Wiggett y. Fox Henderson, 11 Exch. 832. 1SC.B.807. SIMONS V. THE GEE AT WESTERN RAILWAY CO- . 1589 effects in the declaration mentioned, or any part thereof, to be safely and securely carried and conveyed for the plaintiff by the defendants, and by the defendants to be safely delivered to the plaintiff, in manner and form as in the declaration alleged. Thirdly, that they, the defendants, received from the plaintiff the said packages of furniture, goods, chattels, and effects in the declaration mentioned, to be carried by the defendants for the plaintiff from Paddington to Taunton as aforesaid, subject to a: certain special contract made between the plaintiff and the defendants, and signed by: the plaintiff, whereby it was agreed between the plaintiff and the defendants, that the defendants should not be answerable for the loss of, or for damage to, the said packages of furniture, goods, chattels, and effects, if the same were insufficiently or improperly packed; and that the said packages of furniture, [807] goods, chattels, and effects were insufficiently and improperly packed. Fourthly, that the said furniture, goods, chattels, and effects in the declaration mentioned were received by 'the defendants from the plaintiff to be carried and conveyed by the defendants for the plaintiff from Paddington to Taunton as aforesaid, at a certain special mileage rate, and under and subject to a certain contract made between the plaintiff and the defendants, and signed by the plaintiff, whereby it was agreed that the said furniture, goods, chattels, and effects, being so received as in this plea mentioned, the defendants should not be answerable for any loss or damage,, however caused, of or to the said furniture, goods, chattels, and effects, while the same were being carried and conveyed by the defendants for the plaintiff; and that the said loss and damage in the declaration mentioned occurred and was caused while the said furniture, goods, chattels, and effects were being carried and conveyed by the defendants for the plaintiff. The plaintiff took issue on all the defendants' pleas : and, for a second replication to the third and fourth pleas respectively, said, that the said contracts in those pleas mentioned, were respectively contained in a certain paper or document, partly printed and partly in writing, purporting on the face thereof to specify the packages of the said furniture and goods received by the defendants as in the declaration mentioned, and the charges to be paid on the delivery thereof; on the back of which said document was printed a certain notice, conditions, or declaration, limiting the liability of the defendants for loss or injury to the said goods in the receiving, forwarding, or delivery thereof occasioned by the neglect or default of the defendants, and which said paper or document was in the words and figures following, and not further or otherwise,- [808] " Special agreement for conveyance as follows :- " To the Great Western Railway Company, "Paddington Station. "8, 11, 1854. Receive from John Simons of , the undermentioned, on the conditions stated on the other side :- " To be sent to Taunton Station at the rate or charges below mentioned, which I agree to pay or cause to be paid on delivery of such goods to the consignee, or his order, in consideration of the nature and description of the same." [Here followed a description of the packages, the price of carriage, and the signature of the consignor.] "The Great Western Railway Company give public notice,-!. That they will not be accountable for any article conveyed upon their railway, unless it be entered and signed for and received by them; nor will they be responsible for the loss of or injury to any article or articles of the descriptions following, that is to say, gold or silver coin of this realm or of any foreign state, or any precious stones, jewellery, watches, clocks, or time-pieces of any description, trinkets, bills, notes of the Governor and Company of the Bank of England, Scotland, and Ireland, respectively, or of any other bank in Great Britain or Ireland, or of any foreign country, orders, notes, or securities for payment of money, English or foreign, stamps, maps, writings, title-deeds, paintings, engravings, pictures, gold or silver plate or plated articles, glass, china, silks in a manufactured or unmanufactured state, and whether wrought up or not wrought up with other materials, furs or lace, or any of them, contained in any parcel or packages which shall have been delivered, either to 1590 SIMONS V. THE GREAT WESTERN RAILWAY CO. 18 C. B. 809. be carried for hire or to accompany the person of any passenger, on their railway, when the value of such article or articles or property aforesaid contained in such parcel or package shall exceed the sum of 101. " 2. That they will not carry, nor allow to be carried, [809] on their railway, for any persons, unless by special agreement, any aqua fortis, oil of vitriol, gunpowder, lucifer matches, or any other goods which in their judgment may be of a dangerous nature; and, if any person send by the railway any .such goods without distinctly marking their nature on the outside of the packages containing the same, or otherwise giving notice in writing to the book-keeper or other servant of the company with whom the same are so left, at the time of so sending, he; will, be liable by act of parliament to a penalty of 101., which will be strictly enforced, as will also the amount of damage sustained on any other goods by means of the: aforesaid dangerous articles. " 3. That they will not, until further notice, undertake to carry upon their railway for any person, unless by special agreement, .any boiler, cylinder,, bob, or single piece of machinery, or single piece of timber or stone, or any other single article, the weight of which shall exceed four tons. " "4. That they will not be 'accountable for the loss of or for damage to any goods arising from fire, civil commotion, tempest, or act of God; nor for loss, detention, or damage of wrappers, boxes, or returned empties of any description; nor for any goods put into returned wrappers, boxes, or empties; nor for any goods left until called for, or to order, or left or warehoused for the...
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