XXll 



TABLE OF CONTENTS. 



CHAPTEE XII. 



CAEEYING nOESES. 



PAGE 



A Common Carrier 264 



Railway Companies Common Carriers id. 



Duty of Common Carriers id. 



Inherent Vice in Animal 265 



Proof of 266 



Rule applies to Common Carriers by 



Sea 267 



When Carrier may refiise to carry 



Animals 268 



Onus of Proof of Non-liability id. 



Must carry for reasonable Charges . . id. 



Defects in Carriages id. 



A special Contract to carry id. 



Binding at Common Law 269 



Hardship thus occasioned id. 



Remedy 17 & 18 Vict. c. 31 id. 



Sections 1 — 6 id. 



Section 7 id. 



Application of Section 7 270 



Construction of Section 7 271 



Feck V. Xorfh Staffordshire Eailwaij Co. id. 



General Notices invalid 272 



Condition limiting Liabihty id. 



"Condition" and "Special Con- 

 tract ' ' s3Tionymous Terms id. 



Special Contract binding on Company 



without Signature 273 



Effect of Signature by Agent id. 



As to reasonableness Court to decide . id. 

 General Effect of these Decisions . . 274 

 What Conditions just and reasonable 



and what not id. 



" To be free from all Risks "—Cattle 



suffocated id. 



" To be free from all Risks of Con- 

 veyance ' ' — Unsound Truck 275 



Owner's Risk at lower Rate 276 



Condition as to Time within which 

 Loss should be declared to create 



Claim id. 



Condition as to Special Rate id. 



As to Package insufficiently packed id. 

 As to Non-liability for Loss of 



Market as to Eish id. 



As to Cheese id. 



Condition as to Special Rate — page 



As to Loss of Market coupled with 



" Injury " to Cattle 277 



As to Value coupled with unreason- 

 able Rate 278 



Where Value untruly declared 279 



Condition as to General Non-liability id. 

 As to Non-liability beyond their 



own Limits 280 



If Part of Special Contract is reason- 

 able, such Part may be relied on . . 281 



Alternative Rates id. 



What is Wilful Misconduct 282 



Onus of Proof 283 



General Effect of the Decisions as to 



Conditions id. 



Dehvcry by Carrier id. 



Notice of Consignee's Refusal to Con- 

 signor id. 



Eft'ect of Consignee's Refusal id. 



Compensation paid in Error to Con- 

 signor no Answer to Action by 



Consignee 284 



Liability of Company when Accident 

 happens to Horse in their Yard . . id. 



Opinion of Cockbui'n, C.J id. 



Of Mellor, J 285 



Of Blackburn, J id. 



Declaration of Value under 17 & 18 



Vict. c. 31, 8. 7 id. 



Non-compliance with a Rule as to 



Receipt id. 



Through Carriage on Railways, what 



Company liable id. 



Gill v. Manchester, %c. Rail. Co 286 



ContheY. London andSoiith Western R. Co. 287 

 Through Carriage by Rail and Sea . . id. 

 Regulation of Railways Act. 1868 . . id. 

 Regulation of Railways Act^ 1871 . . 288 



Boolan V. Midland Rail. Co 289 



Steamboat and Railway Companies to 



disinfect Carriages, Boats, &c 290 



' ' Reasonable Time " id. 



A Eerryman 291 



Damages 292 



Injury must not be too remote id. 



