ASSOCIATION OF MASTER LIGHTERMEN AND BARGE OWNERS (PORT OF LONDON) v. SOUTHERN RAILWAY COMPANY.

(1932) 44 Ll L Rep 224

RAILWAY AND CANALCOMMISSION.

Before Mr. Justice MacKinnon, Sir Francis Taylor, K.C., and Sir Francis Dunnell.

Railways - Charges - Undue preference - Services rendered by respondent railway company at their quays and wharves - Introduction of inclusive rates covering lighterage by accredited agents and respondents' services- Allegation that respondents' charge for their services to claimants (who were other than accredited agents) exceeded sum retained by respondents out of the inclusive rates where the accredited agents were concerned and constituted an undue preference; or that there was undue preference to the respondents themselves- Motion by respondents that facts alleged disclosed no cause of action under Railway Traffic Acts - Railway & Canal Traffic Act, 1854, Sect. 2- Railway & Canal Traffic Act, 1888, Sect. 27- Whether charges within purview of Acts, it being alleged that there was no element of railway carriage involved- - Onus of proof