The South Wales Railway Company v Redmond
| Jurisdiction | England & Wales |
| Judgment Date | 31 May 1861 |
| Date | 31 May 1861 |
| Court | Court of Common Pleas |
English Reports Citation: 142 E.R. 619
IN THE COURT OF COMMON PLEAS AND IN THE EXCHEQUER CHAMBER
S. C. 4 L. T. 619; 9 W. R. 806. Referred to, Taylor v. Chichester and Midhurst Railway, 1867-70, L. R. 2 Ex. 384; L. R. 4 H. L. 628. Dictum commented on. A. G. v. Mersey Railway Company, [1906] 1 Ch. 815.
the south wales railway company v. redmond. May 31st, 1861. [S, C. 4 L. T, 619; 1) VV. R. HOG. Referred to, Taylor v. C'liic/tesler and Midkursl Hail-way, 1867-70, L. R. 2 Ex. 384; L. R. 4 H. L. 628. Dictum commented on, A. G. v. Mersey Railway Company, [1906] I Ch. 815.] The plaintiffs, a railway company having a branch terminating at Milford Haven, declared upon a contract whereby the defendant undertook to provide a suitable steatn-vessel to run between that place and Dublin and Cork for the conveyance of passengers, goods, &c., in connection with the railway ; and alleged for breach, that the defendant provided a vessel which was unseaworthy and a master who was incompetent, whereby certain pigs and cattle entrusted to them for carriage were damaged and lost.-Plea, that the agreement mentioned in the declaration was entered into contrary to and in violation of the purposes for which the plaintiffs' company was incorporated, and was one which the company could not lawfully enter into, and was void :-Held, that there was no illegality of contract apparent on the face of the declaration,-the contract as set out being strictly in furtherance of the objects of the company's incorporation; and that the plea afforded no answer. This was an action for the breach of an agreement. The first count of the declaration stated, that the plaintiff's were the owners of, aud carriers bf goods, passengers, and other traffic over, a railway called the South Wales railway, to wit, from Grange Court and other places and stations upon the said railway to Neyland on Milford Haven, atid from Neyland on Milford Haven to Grange Court and such other places and stations, and the plaintiffs were desirous of making arrangements whereby goods, passengers, and other traffic passing over and upon their railway to Neyland on Milford Haven, and intending and destined to proceed to Cork and Dublin respectively, and coming from Dublin and Cork respectively to Neylaud on Milford Haven, and intending and destined to proceed from thence to places and stations on their said railway, might be carried by sea between Cork and Neyland on Milford Haven, and between Dublin and Neylaud on Milford Haven, respectively, in and by a steamer running in connection with the trains on their [676] said railway, and might be respectively booked, invoiced, and consigned throughout; and thereupon, by certain heads of agreement made between the plaintiff's and defendant, dated the 23rd of July, 1856, it was agreed between them (among other things) as follows, -" 1. The steam-boat 'Troubadour,' belonging to Mr. John Edward Redmond, lately plying between Bristol and Liverpool, or some other suitable steam-vessel, to bo placed by, him as from the 28th day of July instant, on the station between Dublin and Milford Haven and Cork, and to be worked by him for the conveyance of passengers, parcels, cattle, and goods, regularly, punctually, and efficiently, unless prevented by accident, or by some similar unforeseen circumstance, in connection with the South Wales railway at Neyland on Milford Haven, and to the reasonable satisfaction of the company, and so as to perform in each week one trip each way between Milford Haven aud Dublin, and in the same week one trip each way between Milford Haven and Cork. 2. All such traffic as above mentioned going by the steam-vessel and along the South Wales railway or any part of it, or vice versa, and which is here designated the through-traffic, shall be booked through by Mi'. Redmond and the company respectively, and the said parties shall mutually afford all proper and reasonable facilities for carrying on such through-traffic, and for encouraging and extending the same. 9. This (a) The judgment was taken in the name of the devisee. 620 THE SOUTH WALEH RAIIYWAY CO. V. REDMOND 10 C. B. (N. S.)677. agreement, and the service and through-traffic arrangement here contemplated, to continue in force for the period of one year, with power to Mr. Redmond to determine this agreement at the end of the first six weeks thereof; with power also for tha company or Mr. Redmond to determine the same at any time after such six weeks, on giving four weeks' previous notice in writing to the other of their or his intention so to do:" Averment, that the said Mr. John Edward Redmond is the defendant, and that,in pur-[677]-suance of the above agreement, the defendant placed the said steamer "Troubadour" on the said station as described in the said agreement, and worked the sama for the conveyance of passengers, cattle, goods, and other traffic between Cork and Neyland, and between Dublin and Neylarid, in connection with the trains on the plaintiffs' said railway : but that the defendant, though not prevented by any accident or any similar unforeseen circumstance, did not regularly, punctually, and efficiently, or to the reasonable satisfaction of the plaintiff's, work...
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