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The Winkfield
England and Wales Court of Appeal
[1902] P. 42, [1902-1903] All E.R. 346 (1901)
- Written by Patrick Busch, JD
Facts
Two ships, the Winkfield and the Mexican, collided off the coast of South Africa. Both ships were damaged, and the Mexican sank. Although the crew, passengers, and some mail and luggage were saved, the rest of the Mexican’s cargo was lost. After the owners of the Winkfield admitted liability, the Postmaster-General filed a claim for the value of lost mail for which no other claim had been made. The claim was refused on the ground that that Postmaster-General had no liability to anyone interested in the lost mail, and thus could not bring a claim for its value. The Postmaster-General then appealed.
Rule of Law
Issue
Holding and Reasoning (Collins M.R.)
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