Coggs V Bernard - See Also

See Also

• Ball v Coggs (1710) 1 Brown PC 140, 1 ER 471 and Ball v Lord Lanesborough (1713) 5 Brown PC 480, 2 ER 809, show that Mr Coggs was made bankrupt (Stat 8 Anne c 28 (1709)) after litigation from a former manager of a brass wire works, of which Coggs had been partner and treasurer. He had to pay £5000.

• Lane v Cotton (1701) Salk 18 per Holt C.J.: “It is a hard thing to charge a carrier : but if he should not be charged, he might keep a correspondence with thieves, and cheat the owner of his goods, and he should never be able to prove it”. The law presumes against the common carrier (i.e. imposes strict liability) “to prevent litigation, collusion, and the necessity of going into circumstances impossible to be unravelled”.
• Forward v Pittard (1785) 1 Term Rep. 27 at 33 per Lord Mansfield.
• Riley v Horne (1828) 5 Bing. 217, 220 per Best C.J.
• Somes v British Empire Shipping Co (1860) 8 H.L.C. 338
• The Katingaki 2 Lloyd's Rep 372
• The Winson 3 All E.R. 688 at 689

• Nugent v Smith (1876) 101, Cockburn CJ, strict liability of the common carrier said to be a, “principle of extreme rigour, peculiar to our own law, and the absence of which in the law of other nations has not been found by experience to lead to the evils for the prevention of which the rule of our law was supposed to be necessary.”