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Torts Keyed to Prosser
Derry v. Peek
Citation:
14 App. Cas. 337
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
Sir Henry William Peek (plaintiff) read a prospectus issued by Plymouth, Devonport and District Tramways Company. The prospectus stated that the company would use vehicles on the tramways powered by steam or mechanical-powered locomotives instead of horses. The prospectus further stated that it fully expected that the Board of Trade would approve the use of steam or mechanical-powered locomotives. Peek invested in the company. In reality, the Board of Trade refused consent to the use of steam or mechanical-powered locomotives. The company was wound up and Peek sued the chairman, William Derry, and the directors of the company (defendants).
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