LUFTY LTD. v. CANADIAN PACIFIC RAILWAY CO. (THE "ALEX")

[1974] 1 Lloyd's Rep. 106

CANADAFEDERAL COURTTRIAL DIVISION

Before Mr. Justice Walsh

Canada - Bill of lading - Limitation of action - Goods shipped in container at London - Through bill of lading issued jointly by ocean carrier and railway company - Goods found damaged on delivery at Montreal on May 2, 1969 - Writ issued by cargo-owners against railway company on Dec. 10, 1971 - Whether goods damaged whilst in railway company's custody - Whether action statute-barred - Whether container a "package" - Whether railway company entitled to limit liability to £100 - (Canada) Railway Act (R.S.C. 1952, c. 234) - Hague Rules, art. III, r. 6, art. IV, r. 5 - Gold Clause Agreement, 1950, cl. 4.