London & India Docks Co. v. Thames Steam & Lighterage Co.
United Kingdom House of Lords
A.C. 15 (1909)
- Written by Alex Hall, JD
Facts
Section 83 of the West India Docks Act (§ 83) provided that lighters—flat-bottomed barges used to load and unload cargo from ships and other vessels—entering a dock to load or unload goods to or from “any ship or vessel lying therein” were exempt from paying docking fees so long as the lighter was “bona fide engaged in discharging or receiving” goods. Two lighters entered the dock carrying goods they intended to unload onto a steamship. However, the steamship was unable to accept the cargo, and the lighters left the dock without transferring any goods. London & India Docks Company (the dock) (plaintiff) brought an action to recover docking fees from the lighters’ employer, Thames Steam & Lighterage Company (defendant). The court of appeal determined the lighters were exempt from payment under § 83. The dock appealed.
Rule of Law
Issue
Holding and Reasoning (Loreburn, L.)
Dissent (Atkinson, L.)
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