266 CARRYING HORSES. 



learned Judges apparently to the contrary, it may turn 

 out after all to be a mere controversy of words. The 

 question as to their liability may tiu'n on the distinction 

 between accidents which happen by reason of some vice 

 inherent in the animals themselves, or disposition producing 

 unruliness or phrenzy, and accidents which are not the 

 result of inherent vice or unruliness of the animals them- 

 selves. It comes to much the same thing whether we say 

 that one who carries live animals is not liable in the one 

 event, but is liable in the other, or that he is not a common 

 carrier of them at all, because there are some accidents, 

 other than those falling within the exception of the act of 

 Grod and the Queen's enemies, for which he is not respon- 

 sible. By the esp)ression ' vice,' I do not, of course, mean 

 moral vice in the thing itself, or its owner, but only that 

 sort of vice which, by its internal development, tends to 

 the destruction or the injury of the animal or thing to be 

 carried, and which is likely to lead to such a result. If 

 such a course of destruction exists, and produces that 

 result in the course of the journey, the liability of the 

 carrier is necessarily excluded from the contract between the 

 parties." 

 Proof of. Kendall v. London and South Western Rail. Co. (o) 



was an action to recover damages for injuries sustained by 

 the plaintiff's Horse whilst it was being carried by the 

 defendants on their railway. The cause was tried before 

 Martin, B., at Gfuildhall, at the sittings after Hilary 

 Term, 1872. It appeared that the Horse was taken, 

 saddled and bridled, to the defendants' station at Waterloo, 

 and was there delivered to the defendants to be carried to 

 Ewell. It was attempted to be shown that the defendants' 

 servants were guilty of negligence in not fastening up the 

 stirrups ; but as the plaintiff was himself present when the 

 Horse was put into the box, and had, after first objecting, 

 acquiesced in the stirrups being allowed to hang down : 

 and, as evidence was also given that the course adopted 

 was usual and proper, that contention was abandoned. 



No accident happened to the train, nor anything likely 

 to alarm the Horse, which was proved to be a quiet 

 animal and accustomed to travel by rail ; but, at the end 

 of the journey, the Horse was found to have sustained 

 considerable injuries : and it was in respect of these injuries 

 that the action was brought. 



(o) L. R., 7 Ex. 373 ; 41 L. J., Ex. 18i ; 26 L, T., N. S. 735. 



