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  • Whaite v The Lancashire and Yorkshire Railway Co

    12 Feb 1874 LR 9 Exch 67, Ex Ct

    Subsequent citations: 1.
    CARRIER — Carriers Act (11 Geo. 4 & 1 Wm. 4, c. 68), ss. 1, 2 — “Parcel or Package.”
    BRAMWELL, B. I think this waggon with its contents was a “package” within the meaning of the Act. Although one would not commonly describe it in that way, yet, looking at the object and purpose of the Act, I think we are not only entitled, but compelled to say that it was a “package or parcel” within the section. It is to be observed that the plaintiff himself and his foreman authorize us in so describing it, for they say they “packed” the goods in the waggon, and no one would doubt that this expression was rightly used; but if

  • Liver Alkali Co v Johnson

    23 Apr 1872 LR 7 Exch 267, Ex Ct

    26 Jun 1874 LR 9 Exch 338, Ex Ct

    CARRIAGE OF GOODS — Common carrier — Fixed Termini

  • Gorris v Scott

    22 Apr 1874 LR 9 Exch 125, Ex Ct

    Subsequent considerations : 2 positive; 1 negative. Subsequent citations: 13.
    STATUTORY DUTY — Contagious Diseases (Animals) Act, 1869.
    KELLY, C.B. This is an action to recover damages for the loss of a number of sheep which the defendant, a shipowner, had contracted to carry, and which were washed overboard and lost by reason (as we must take it to be truly alleged) of the neglect to comply with a certain order made by the Privy Council, in pursuance of the Contagious Diseases (Animale) Act, 1869. The Act was passed merely for sanitary purposes, in order to prevent animals in a state of infectious disease from communicating it to other animals with which they might come in contact. Under

  • Mill v Hawker and Wickett

    04 Jun 1874 LR 9 Exch 309, Ex Ct

    11 Feb 1875 LR 10 Exch 92, Ex Ct

    TRESPASS — Highway Board — Individual Corporators

  • Williams v Great Western Railway Co

    17 Apr 1874 LR 9 Exch 157, Ex Ct

    Subsequent considerations : 1 positive. Subsequent citations: 1.
    RAILWAY — Duty to fence — Railways Clauses Consolidation Act, 1845 (8 & 9 Vict. c. 20), ss. 47, 61–26 & 27 Vict. c. 92, s. 6

  • Nevill v Bridger

    08 Jun 1874 LR 9 Exch 214, Ex Ct

    BURIAL — Burial fees — Selection of Site

  • Thorn v Mayor and Commonalty Of The City Of London

    04 May 1874 LR 9 Exch 163, Ex Ct

    09 Feb 1875 LR 10 Exch 112, Ex Ct

    CONTRACT — Engineering contract — Plans and Specification

  • The Lancashire and Yorkshire Railway Co v Gidlow

    05 Nov 1873 LR 9 Exch 35, Ex Ct

    COSTS — Interest upon Judgment for Costs in Cause — Interest upon Costs in Courts of Appeal.
    KELLY, C.B. There should be no rule in this case. By 3 & 4 Wm. 4, c. 42, s. 30, it was enacted that “if any person shall sue out a writ of error upon any judgment whatsoever given in any court in any action personal and the Court of Error shall give judgment for the defendant thereon, then interest shall be allowed by the court of error for such time as execution has been delayed by such writ of error for the delaying thereof.” Writs of error are now abolished, and error is a “step in the cause;” and

  • Daniel v Stepney

    14 May 1874 LR 9 Exch 185, Ex Ct

    LANDLORD AND TENANT — Rent-charge — Distress upon Lands not included in the Demise

  • The Western Counties Manure Co v The Lawes Chemical Manure Co

    09 Jun 1874 LR 9 Exch 218, Ex Ct

    Subsequent citations: 1.
    DEFAMATION — Disparaging Statement about Goods — False and malicious Publication.
    June 9. BRAMWELL, B. In this case our judgment must be for the plaintiffs. The case may be shortly stated thus. The plaintiffs trade in a certain article of manure, and it is alleged that the defendants falsely and maliciously published of and concerning that manure, and of and concerning the plaintiffs' trade and manufacture, a certain statement which contains in it this, — that it was an article of low quality and ought to be the cheapest of four, of which this is one, the others being mentioned. So far an action would not be maintainable, because it is

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