§ 90. Mr. FIELDasked the President of the Board of Trade whether he is aware that, according to the House of Lords judgment, 13th March, 1917, in an appeal case, Great Western Railway Company v. Wills, it is claimed by the railway companies that they are not legally bound to deliver goods consigned at owner's risk; and whether, in view of the important issues therein involved, he will consider the advisability of amending the law so as to protect traders?
Mr. ROBERTSThe hon. Gentleman's question appears to be based upon a misapprehension. The claim put forward by the railway company was not that the company were not bound to deliver traffic consigned at owner's risk, but that the shortage in delivery in the case referred to did not amount to non-delivery within the terms of the consignment note, and the effect of the majority of the judgments delivered in the House of Lords was that it was a question of fact whether, as a matter of business, the shortage was such as to constitute in substance non-delivery.