M.S. & L. Railway Co. v. the Denaby Main Colliery Co.

December 1884

Barnsley Chronicle, Saturday 06 December 1884

Differential Railway Rates — M.S. and L. Railway Co. v. the Denaby Main Colliery Co.

Judgment was given on Monday in the Court of Appeal in the case of the Manchester, Sheffield, and Lincolnshire Railway Company v. the Denaby Main Colliery Company. The defendants appealed from part of an order on a special case stated by the arbitrator. The action was originally brought by the plaintiff company to recover from the defendants a balance of £2,992, balance of carriage account; and the defendants set up a counter claim for overcharges amounting to £30,000.

Lord Justice Lindley, and his colleagues on the bench, now decided that under the peculiar circumstances of the case the defendants had not proved any facts that would justify the Court in holding the plaintiffs liable to any damage. The plaintiffs were therefore entitled, the Court held, to judgment on the set-off and counter claim, and the appeal of the defendants was therefore dismissed, with costs.

Note: Also reported in detail in numerous newspapers