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Colonial Cases

Phillips v. Graham, 1877

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Phillips v. Graham

Judicial Committee of the Privy Council
7 November 1877
Source: The Times, 8 November, 1877

JUDICIAL COMMITTEE OF THE PRIVY COUNCIL, Nov. 7.
(Present - Sir James Colville, Sir Barnes Peacock, Sir Montague Smith, and Sir Robert Collier.)
PHILLIPS v. GRAHAM.
  This was an appeal from a judgment of the Supreme Court of the Colony of the Cape of Good Hope of the 17th of August, 1875.
  Mr. Cohen, Q.C., and Mr. J. C. Mathew were counsel for the appellants. The respondents were unrepresented.
  The appellants were the chairman (Alderman Sir Benjamin Phillips) and the directors of the United Steamship Company (Limited)., and the respondents acted as commissioners for the management of the dock and breakwater of Table Bay. Certain goods were landed in the dock there from the ships of the company, and by some means or other they were delivered to the wrong parties without the authority either of the company or the holders of the bills of lading. The company had to pay the value of the goods, £615, and then they commenced an action against the Table Bay Commissioners; the Court, however, at the trial granting the latter "absolution from the instance" with costs. Against that decision the company now appealed, and contended that the Commissioners were responsible as bailees for the mis-delivery of the goods.
  Their Lordships, however, affirmed the decision of the Court below and dismissed the appeal.

Published by Centre for Comparative Law, History and Governance at Macquarie Law School