The York, Newcastle and Berwick Railway Company v Crisp and Another
| Jurisdiction | England & Wales |
| Judgment Date | 27 April 1854 |
| Date | 27 April 1854 |
| Court | Court of Common Pleas |
English Reports Citation: 139 E.R. 217
IN THE COURT OF COMMON PLEAS AND IN THE EXCHEQUER CHAMBER
S. C. 2 C. L. R. 1357; 23 L. J. C. P. 125; 18 Jur. 606; 2 W. R. 428. Discussed Lewis v. M'Kee, 1868, L. R. 4 Ex. 61. See Parker v. South Eastern Railway, 1876-77, 1 C. P. D. 626; 2 C. P. D. 416.
14C.B.527. YORK, NEWCASTLE, AND BERWICK RLY. CO. V. CRISP 217 Richard Budden Crowder, Esq., of the Middle Temple, one of Her Majesty's Counsel learned in the Law,-having first been called to the degree of the Coif,-was appointed a Judge of the Court of Common Pleas, and, on the second day of the ensuing Easter Term, took the oaths and his seat in Court accordingly. He gave rings with the motto " Lex omnibus una." [527] cases argued and determined in .the court of common pleas, in easter term, in the seventeenth year of the reign of victoria. The Judges who usually sat in banco in this term, were-Jervis, C. J., Cress-well, J., Williams, J., and Crowder, J. the york, newcastle and berwick railway company, Appellants; crisp and another, Respondents. April, 27, 1854. [S. C. 2 C. L. R. 1357 ; 23 L.-J. C. P. 125; 18 Jur. 606; 2 W. R. 428. Discussed, Lewis v. M'Kee, 1868, L. R. 4 Ex. 61. See Parker v. South Eastern Railway, 1876-77, 1 C. P. D. 626; 20. P. D. 416.] Pigs were.delivered by A. at a railway station at Alnwick, to be carried to Newcastle, A. paying the carriage, and receiving a ticket intimating the terms upon which alone the company undertook to carry them, one of which was as follows :-" That the company be not responsible for the non-delivery of the stock within any certain or reasonable time, nor in time for any particular market, nor are they required to forward by any particular train."-In an action by A. against the company in the county-court, for injury to the pigs from delay in the conveyance of them, the judge left it to the jury to say whether the company received the pigs as common carriers for hire for carriage, or whether they received them under the special contract set forth in the ticket/ The jury having found against the company:-Held, a misdirection, inasmuch as there was no evidence whatever that the company had received the pigs upon any other contract than that set forth in the special contract. This was an action originally commenced at the suit of the respondents and one William Logan against the appellants, in the county-court of Northumberland holden at Alnwick, to recover the sum of 501. damages against the appellants, on the ground set forth in the particulars annexed to the summons, of which the following is a copy :- " In the county-court, &c. Between, &c. " For damages occasioned to the plaintiffs by the de-[528]-fendants, as carriers for hire, for not carrying and delivering divers cattle, sheep, cows, oxen, and other live stock for the plaintiffs, at Newcastle-upon-Tyne, on the 28th of November last, with reasonable and proper promptitude and dispatch, for which the hire was paid; whereby the plaintiffs were put to the loss and damage of 501." On the trial, before the judge of the said court and a jury, on the 26th of January last, the following facts were stated by the witnesses of the respective parties :- That the respondents were partners as cattle-jobbers, and the appellants were common carriers by railway for hire, from Alnwick, in the county of Northumberland, to Newcastle-upon-Tyne; that a cattle-market is held at Alnwick every Monday fortnight, for the sale and purchase of cattle, sheep, and pigs; that a similar market is held at Newcastle-upon-Tyne on the Tuesday of every week, so that cattle purchased at Alnwick market for the purpose are usually carried on the same day to Newcastle-upon-Tyne; that the market at Newcastle-upon-Tyne nominally is open from five o'clock in the morning until three o'clock in the afternoon, but that practically it is ended between ten and eleven o'clock in the forenoon; that, on the 28th of November last, the respondents and William Logan, who had been at the cattle market at Alnwick in the forenoon of that day, brought some sheep and pigs which the respondents had purchased at the same market, and which were their joint property, and some sheep which Logan had purchased at the same market, and which were his separate property, to the Alnwick station of the appellants, a about one o'clock in the afternoon, for 218 YORK, NEWCASTLE, AND BERWICK RLY. CO. V. CRISP UC.B.529. the purpose of having them conveyed from...
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