The cases that changed Britain: 1870-1916

Part two of our pick of the 100 cases that have most shaped modern British law — including the original Times law reports

Part one: 1785-1869 | Part two: 1870-1916 | Part three: 1917-1954 | Part Four: 1955-1971 | Part five: 1972-2006

Gorris v Smith
April 23, 1874

Statute law can only be applied to do what Parliament passed it to do. In this case, a ship owner agreed to take the claimant’s sheep from Hamburg to Newcastle, but some of them were washed overboard. The owner of the sheep sued. He argued that no pens had been provided on the ship, in breach of a statutory duty under the Contagious Diseases (Animals) Act 1869, which required pens to be installed on the decks of ships used to transfer animals. If there had been pens on the decks, the sheep would have survived. However, the court ruled that the claimant could not claim damages on such grounds because the object of the statute was to protect animals from contagious disease, not from falling into the sea. The case is often cited by anyone seeking to show that once a law has been made for a particular purpose, it would be wrong to apply it for another.

Dickinson v Dodds
April 3, 1876

The cases that changed Britain: 1785-1869

Part one of our pick of the 100 cases that have most shaped modern British law — including the original Times law reports

The cases that changed Britain: 1955-1971

Part four of our pick of the 100 cases that have most shaped modern British law — including the original Times law reports

• The cases that changed Britain: 1917-1954

• The cases that changed Britain: 1870-1916

• The cases that changed Britain: 1785-1869

This was a classic decision that informed millions of commercial and contractual negotiations since. It says that if you make an offer you can withdraw it at any time before it is accepted. The case concerned the sale of a property by the defendant, John Dodds. Initially, Dodds agreed to sell it for £800 to George Dickinson, giving him a couple of days to accept. But Dickinson’s letter of acceptance wasn’t received until it was too late, and in the mean time Dodds sold the property to another man. Dickinson sought a court order to force Dodds to sell him the property but the court refused. It held that anyone making an offer was entitled to retract it at any time before it was accepted. By selling the property to someone else, Dodds had retracted his offer.

Seaman v Netherclift
December 16, 1876

In order to get the fairest and truest results from cases, it is very important that expert witnesses should speak freely and fearlessly. This case, in an era in which the use of expert witnesses was growing significantly, was a good illustration of how the courts were careful to give protection to witnesses against defamation actions. The defendant was a handwriting expert. He had given evidence in a case that a signature on a will was a forgery, though his view was not shared by the court. Later, in another case, also about a witness contesting a will, he expressed his opinion again during cross examination that the signature in the earlier case had been a “rank forgery”. That led to one of the attesting witnesses to that earlier will suing for slander. However, this case of slander was dismissed, as the remark was uttered in court while giving expert evidence and was therefore “privileged”.

Cundy v Lindsay
March 4, 1878

This landmark judgment upheld the principle that you can’t pass on what you don’t own. Lindsay & Co was a linen manufacturer based in Belfast. Alfred Blenkarn, a resident of Cheapside in London, wrote to Lindsay proposing to buy a quantity of goods. He gave his address as “37, Wood Street, Cheapside” and signed the letters without using an initial or first name so that his signature appeared to read “Blenkiron & Co”. Lindsay knew there was a respectable firm, W Blenkiron & Son, based at 123 Wood Street, so it sent the goods. But Blenkarn didn’t pay, and instead sold the goods to the defendant. Lindsay sued the defendant for the value of the goods. The House of Lords held that because of the trick no contract had been concluded between Lindsay and Alfred Blenkarn. And because Blenkarn didn’t legally own the goods, he couldn’t legally transfer them to the defendant. Consequently, the defendant was ordered to pay Lindsay for the full value of the goods. Needless to say, as news of the decision percolated out into the commercial world, in which capitalism was rapidly developing, commercial buyers began to get very particular about ensuring sellers actually owned the goods they were selling.

Sturges v Bridgman
July 2, 1879

In a drama that sounds more like a story from an old British film comedy, this case formulated an important principle in the law of nuisance. A confectioner and physician occupied adjoining premises in London. Dr Octavius Sturges lived at 85 Wimpole Street and Mr Bridgman at 30 Wigmore Street. As part of his business activity, for more than 20 years, the confectioner used two large mortar and pestles. The noise and vibration hadn’t seemed to the physician to be a nuisance until he built a consulting room at the end of his garden, against the wall of the confectioner’s kitchen, in which the mortars and pestles operated. Dr Sturges sought an injunction to stop the noise and won. The court decided that the confectioner, Bridgman, could not claim that long usage of the equipment had established a right to make such a noise. Rather, the nuisance had only begun when the new consulting room was — quite lawfully — built close to the source of the noise.

Munster v Lamb
May 9, 1883

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