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The Winkfield

Court of Appeal

[1902] P. 42, 1900-1903 All E.R. 346 (1901)

Relevant factsFree

The Winkfield and the Mexican collided off South Africa, sinking the Mexican; while the crew, passengers, and some mail and luggage were saved, the rest of the cargo was lost. After the Winkfield's owners admitted liability, the Postmaster-General sought the value of lost mail for which no other claim had been made, but the claim was refused on the ground that the Postmaster-General bore no liability to anyone with an interest in the lost mail and therefore could not sue for its value; the Postmaster-General appealed.

IssueFree

Whether a bailee can recover against a wrongdoer for trespass or damage to chattels even if the bailee is not liable to the bailor.

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