Hood v Anchor Line (Henderson Bros) Ltd

Lord Chancellor.—The appellant in this case sued the respondents for damages in respect of injuries sustained by him through alleged negligence of the respondents' servants. He was a passenger in the “California,” a steamship belonging to the Anchor Line, on a voyage from New York to Glasgow. The vessel grounded off the Irish Coast, and the appellant with a number of other passengers was put on board the “Cassandra”

for conveyance to Glasgow. It is alleged by the appellant that the servants of the respondents were guilty of negligence in hoisting him on board the “Cassandra” from the lifeboat, with the result that he was thrown out and seriously injured.

This action was brought in the Court of Session to recover damages. The defenders pleaded that by a condition in the pursuer's ticket he could not claim damages beyond £10. The appellant denied that this condition formed part of his contract with the respondents, and a proof was taken upon this point. The Lord Ordinary found that the condition was binding upon the appellant, and he was affirmed by the Second Division. From their decision this appeal is brought to your Lordships' House.

The appellant had reserved accommodation for the voyage from New York on the “California.” A day or two before the steamship was to sail Mr Newson, one of the respondents' clerks at New York, inquired of the appellant by telephone whether he was going by the vessel on that voyage, and, on hearing that he was, requested that the passage money ($150) should be sent. The appellant sent one of his clerks, Mr Paul May, with a cheque to take the ticket. Mr May handed the cheque to Mr Newson and got from him in return the ticket enclosed in an envelope. Mr May did not take the ticket out of the envelope, but kept it at the appellant's office. Neither the appellant nor Mr May read the ticket, and neither had any actual knowledge of its contents. Mr May brought Mrs Hood to the “California” on the day of sailing, and on board met the appellant, who put into his pocket, without reading it, the ticket which Mr May had brought down from the office.

The “ticket” was a document partly printed and partly in writing, on yellow paper, in three portions separated by perforations. The middle portion and that on the right-hand side were detached on going on board the ship by the representatives of the steamship and kept by them. The left-hand portion is that which contains the condition relied on by the respondents, and it was retained by the passenger. This left-hand portion was headed with the name of the Anchor Line and signed by their agent. In its body it stated that the respondents engaged to provide passage with certain accommodation on a particular voyage, and that they had received the passage money. The conditions were printed below, and prefixed to them was this notice: “NOTICE. This…