( 263 ) 



CHAPTER XII. 



CARRYING HORSES. 



A Common Carrier 26-t 



Bailway Companies Common Car- 

 riers id. 



Duty of Common Carriers .... id. 

 Inherent Vice in Animal 265 



Froofof 266 



Rule applies to Common Carriers 



by Sea 267 



When Carrier may refuse to 



carry Animals 268 



On Ks of Proof of Xo)i -liab ility . . id. 

 Must carry for reasonable Charges id. 



Defects in Carriages id. 



A special Contract to carry .... id. 



Binding at Common La,w 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 



Peek r. North Staffordshii-e 



Railway Co id. 



General Xotices invalid 272 



Condition limiting Liability .... id. 

 " Condition''^ and " Special Con- 

 tract'''' synonymous Terms .... id. 

 Special Contract binding on Com- 



jmny without Signature . . . , 273 

 Effect of Signature by Agent . . id. 

 As to reasonableness Court to decide id. 

 General Effect of these Decisions 274 

 JFhat Cond'itions just and reason- 

 able and tchat not id. 



''To be free from all Risks''^ — 



Cattle suffocated id. 



''To be free from all Risks of 



Conveyance'''' — Unsound Truck 275 

 Owner'' s Risk at lower Rate .... 276 

 Condition as to Timewithinwhich 



Loss should be declared to create 



Claim id. 



Condition as to Special Rate .... id. 



As to Package insuffic'iently 

 packed id. 



As to Non-l'iab'iVity for Loss 

 of Market as to Fish id. 



As to Cheese id. 



As to Loss of Market cou2)led 

 w'Uh " Injimf to Cattle . . 277 



Condition as to Value coupled 

 w'ith unreasonable Rate 278 



Where Value untruly declared. . 279 



Condition as to General Non- 



~liability id. 



As to Non-UabiUty beyond 

 their oicn Limits 280 



If part of Spec'ial Contract is 

 reasonable, such Part may be 

 rel'ied on 281 



Alternatire Rates id. 



What is Wilful Misconduct 282 



Onus of Proof 283 



General Effect of the Dec'tsions as 

 to Conditions id. 



Delivery by Carrier id. 



Notice of Consignee's Refusal to 

 Consignor id. 



Eff'ect of Consignee'' s Refusal . . id. 



Compensat'wn paid in Error to 

 Consignor no Answer to Action 

 by Consignee 28-4 



Liability of Company when Ac- 

 cident happens to Horse 'in their 

 Yard id. 



Opinion of Cockburn, C.J. .... id. 



OfMellor, J. 285 



Of Blackburn, J. id. 



Declaration of Value under 17 ^' 

 18 Vict. P. 31, s. 7 id. 



Non-compliance tcith a Rule as to 

 Receipt id. 



Through Carriage on Railways, 

 what Company licMe 'id. 



Gill V. Manchester, &c. Rail. 

 Co 286 



Combe v. London & South 

 Western Rail. Co 287 



Through Carr'iage by Rail and 

 Sea id. 



Regulation ofRa'ilwaysAct, 1868 id. 



Regulation of Ra'ilwai/s Act, 1871 288 



Doolan v. Midland Rail. Co. . . 289 



Steamboat and Railway Com- 

 panies to dis'iufect Carriages, 

 Boats, S;c 290 



" Reasonable Time" id. 



A Ferryman 291 



Damages 292 



Injury must not be too remote . . id. 



