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Colonial Cases

Shearman v, East India Railway Company, 1869

[sale of goods]

Shearman v. East India Railway Company

Judicial Committee of the Privy Council
22 February 1869
Source: The Times, 23 February, 1869


JUDICIAL COMMITTEE OF THE PRIVY COUNCIL, Feb. 22.
(Present - Lord Justice Selwyn, Lord Justice Giffard, Sir J. Colville and Sir L. Peel.)
  The sittings were resumed today, when the Lords Justices attended. Lord Justice Giffard sat for the first time on the Committee, and Lord Justice Selwyn presided.
SHEARMAN v. THE EAST INDIA RAILWAY COMPANY.
  This was an application for leave to appeal from the Presidency of Bengal. The question raised related to 100 tons of coals, and had been before two Courts.  The second Court had decided against the plaintiff, and as the amount was under the prescribed sum for appeals, it was necessary to obtain special leave from their Lordships.
  Mr. Cave was heard in support of the application, and mentioned that the plaintiff felt dissatisfied with the decision. There had been a quarrel between him and his counsel, and he wished to appeal.
  Lord Justice Selwyn remarked that as that was the case he wished to indulge in the luxury. (a laugh.)
  Mr. Cave contended that there had been a question of law involved as to a sale by sample, and another sample was given, on which the bulk was broken.
  Sir L. Peel said, to allow an appeal for such a sum special reasons must be shown not only on the merits only, but on a question of law.
  Mr. Cave proceeded to contend that there were questions of law of a general character which rendered it necessary that leave should be given to appeal.
  Lord Justice Selwyn (after a consultation with their Lordships) referred to the facts as stated in the petition and the amount in dispute. Their Lordships were of opinion that it was not a case in which leave to appeal should be given, and the application would be refused.

 

Source: The Times, 23 February, 1869


JUDICIAL COMMITTEE OF THE PRIVY COUNCIL, Feb. 22.
(Present - Lord Justice Selwyn, Lord Justice Giffard, Sir J. Colville and Sir L. Peel.)
  The sittings were resumed today, when the Lords Justices attended. Lord Justice Giffard sat for the first time on the Committee, and Lord Justice Selwyn presided.
SHEARMAN v. THE EAST INDIA RAILWAY COMPANY.
  This was an application for leave to appeal from the Presidency of Bengal. The question raised related to 100 tons of coals, and had been before two Courts.  The second Court had decided against the plaintiff, and as the amount was under the prescribed sum for appeals, it was necessary to obtain special leave from their Lordships.
  Mr. Cave was heard in support of the application, and mentioned that the plaintiff felt dissatisfied with the decision. There had been a quarrel between him and his counsel, and he wished to appeal.
  Lord Justice Selwyn remarked that as that was the case he wished to indulge in the luxury. (a laugh.)
  Mr. Cave contended that there had been a question of law involved as to a sale by sample, and another sample was given, on which the bulk was broken.
  Sir L. Peel said, to allow an appeal for such a sum special reasons must be shown not only on the merits only, but on a question of law.
  Mr. Cave proceeded to contend that there were questions of law of a general character which rendered it necessary that leave should be given to appeal.
  Lord Justice Selwyn (after a consultation with their Lordships) referred to the facts as stated in the petition and the amount in dispute. Their Lordships were of opinion that it was not a case in which leave to appeal should be given, and the application would be refused.

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