« EelmineJätka »
WATSON, B.-I concur in the view of my brothers Martin and Bramwell. The declaration is on a contract by the defendants with the plaintiff; the goods are the plaintiff's, and they were lost. Now, if goods are delivered to a carrier to be forwarded to their place of destination, that may or may not be a contract with the consignee. In the case of vendor and vendee, the consignor does not act as the agent of the consignee, but on his own behalf; and up to the moment of the delivery of the goods to the carrier, the property is in him. Upon the delivery, the goods become the property of the vendee, subject to the vendor's right of stoppage in transitu. Therefore, if the goods are damaged or lost, before the carrier pays the consignor, he should ascertain whether the property is in him; otherwise he would pay in his own wrong if it should turn out that the property was in the vendee; for in that case the contract is with him alone. I not only concur in the view of my learned brothers, but I take this broader ground, that, unless it be shewn that Avery was the owner of the goods, the contract arising from the delivery was with the plaintiff; therefore he alone is entitled to sue.
Judgment for the plaintiff.
THIS was a special case, stated for the opinion of this Disputes
Malcolm Kerr argued for the plaintiff (Feb. 12), Joyce argued for the defendants. The facts of the case arguments fully appear in the judgment.
as to payment
to the former
Cur. adv. vult.
The judgment of the Court was now delivered by
WATSON, B.-This is an action to recover the sum of
3s. Id., for work done. The plea was "never indebted." The cause came on for trial before the Lord Chief Baron,
review, but not to the remaining pages of such wrapper or to the advertising sheets which may accompany the magazine or review. Standing advertisements or stereo-blocks forming a complete page, or when collected together making one or more complete pages in a wrapper or advertising sheet of a magazine or review, not to be charged. The compositor to charge only for his time in making them up. The remainder of the matter in such wrappers or advertising sheets, including standing advertisements or stereo-blocks not forming a complete page, to Le charged by the compositor and cast up according to certain articles of the scale referred to, as they may respectively apply." In the November number of a Monthly Magazine there was composed and printed on one page two advertisements which occupied the entire page, and the type of which was left standing. In the December number, the same two advertisements were printed, but on different pages: and each occupied about half a page and the remainder of the page was filled up by other advertisements. The plaintiff, who was a compositor, insisted that, under the latter part of the rule, he was entitled to charge for the composing; the defendant, who was the master printer, contended that the case was within the first part of the rule, and that the plaintiff was only entitled to charge “for his time in making up." In the year 1856, a similar dispute arose between a compositor and a master printer, and the matter having been referred to arbitration in pursuance of certain rules which were still in force, three arbitrators awarded in favour of the master. The plaintiff entered the defendant's service with knowledge of that decision, and that the defendant had been one of the arbitrators; nothing, however, was said as to the terms of payment; but both parties understood that it was to be made according to the rules.
Held: First, that the decision of the arbitrators was not, at the time of the employment of the plaintiff, binding between the parties as an interpretation of the rule; and that notwithstanding their decision it was competent for the Court to entertain the question of its
Secondly, that the plaintiff was entitled to recover for the composing; the true construction of the rule being: that the compositor may charge according to the scale when any advertisement not standing is inserted in the same page with a standing advertisement, but that when standing advertisements are printed in the same page so as completely to fill it, the compositor is only entitled to charge for his time in making up.
when, by consent, a verdict was entered for the plaintiff, subject to a special case to be stated by Mr. Barstow.
A case has been stated accordingly, and it has been argued before us. The facts, in substance, are these. The plaintiff is a compositor, and the defendants are printers, and print a monthly periodical, called "The National Magazine." On the outside of the magazine there are wrappers or sheets on which advertisements are printed. It is a practice, when advertisements are likely to be published in the succeeding numbers, to allow the type to be kept standing, in order to be employed in the reprinting.
For more than fifty years the business of printing in London, as between the master printers and compositors, has been regulated by committees of each body, who have, from time to time, agreed upon rules which, so long as they remain unaltered, are treated and acted upon as binding between master and compositor, and are imported into every engagement to which they are applicable; and the plaintiff and defendants respectively are to be taken as bound by these rules.
The business of printing advertisements upon wrappers much increased, and some years ago disputes arose as to the payment to be made to the compositor for his labour An arrangement was come to between
in respect of them.
the committees in 1839, which is as follows.—
The companionship (which means the compositor) on a magazine or review, to be entitled to the first or title page of the wrapper of the magazine or review, but not to the remaining pages of such wrapper, or to the advertising sheets which may accompany the magazine or review.
Standing advertisements, or stereo blocks, forming a complete page, or, when collected together, making one or
more complete pages in a wrapper or advertising sheet of a magazine or review, not to be chargeable. The compositor to charge only for his time in making them up. remainder of the matter in such wrappers or advertising sheets, including standing advertisements or stereo blocks, not forming a complete page, to be charged by the compositor and cast up according to the 8th and 20th articles of the scale as they may respectively apply."
For the November number, 1856, of the National Magazine, there was composed and printed upon one page two advertisements, one of "Mayall's Photographic Gallery," and the other of " Approved Educational Works for schools and families." These two occupied the entire page, and the type of both remained standing. In the December number there were printed the same. two advertisements, but the latter was printed in a page (and as we understand by the directions of the defendants) different from that in which the former was printed. Each advertisement occupied about half the page, and the remainder of each page was filled up by other advertisements. The plaintiff was the compositor, and insisted that, upon the true construction of the above rule, he was entitled to charge under the latter part of the rule; and if so, he is entitled to recover the sum claimed of 3s. 1d. Upon the other hand, the case comes within the first
defendants contend that the
part of the rule, and that the plaintiff is only entitled to charge for his time in making up; and if so, the plaintiff has been paid, and the defendants are entitled to succeed.
In 1856, the following rules were agreed to:- "Rules relating to the arbitration committee, as finally adopted, January 17, 1856."
1st. The object of the arbitration committee.-To avoid referring trade disputes to Courts of law.
2nd. Such arbitration committee shall consist of three
masters, to be nominated by the masters in whose office the dispute shall have taken place, and three journeymen who shall not be employed in the said office, to be nominated by the journeymen and be presided over by a barrister, as chairman, who shall be appointed annually by the two committees of masters and journeymen, and who in all cases of division in which the votes of the arbitrators are equal shall decide the question at issue by his casting
3rd. Disputes referred to an arbitration committee must be adjudicated upon within two months from the date of the dispute being referred to such committee, unless an extension of time be mutually agreed upon by the contending parties or deemed necessary by the barrister.
4th. The fee of barrister and hire of rooms to be paid by the party against whom the decision may be given.
5th. Either party neglecting to appoint their members of the arbitration committee within one month after the claim has been made in writing for the appointment of such committee, or refusing to refer the matter in dispute to arbitration, to be considered as having received an adverse decision.
6th. That the scale of 1810, with the additions, definitions, and explanations as arranged at a conference of master printers and compositors held in 1847, form the basis of the decisions of the committee: that when the arbitrators consider the words of the scale ambiguous, their application to the particular case in dispute doubtful, or that they have in reference to the question under consideration ascertained established usages, they shall be taken as decisive; but when trade practices are found to be so varied as not to constitute "custom," the award shall be based on equity and analogy.
7th. That these rules shall be considered as having come