268 



CARRYING HORSES. 



When Car- 

 rier may re- 

 fuse to carry 

 Animals. 



Onus of proof 

 of non-lia- 

 bility. 



Must carry 

 for reason- 

 able Cbarffes. 



Defects in 

 carriasres. 



A special con- 

 tract to caiTy. 



thing itself, or both taken together, formed the sole, direct 

 and iiTesistible cause of the loss, he is discharged. 



In Richardson v. The North Eastern Rail. Co. (p), it 

 was apparently assumed that railway companies are not 

 bound to carry animals, but may limit their business of 

 carriers in this respect, and may refuse to carry animals 

 except under special contract. There the company had 

 given public notice that they were not " common carriers 

 of Horses, Cattle, Sheep, Pigs and other animals," but 

 would only undertake the carriage of animals under special 

 contract. A Grreyhound, having on a leathern collar with a 

 strap attached, was delivered to the defendants for carriage, 

 and the fare paid. In the course of the journey there was 

 a change of trains, and the Greyhound was fastened by the 

 strap and collar to an iron spout on the open platform of 

 the station. While so fastened, it slipped from the collar 

 and ran upon the line and was killed. It was held that the 

 fastening of the Greyhound by the means furnished by the 

 owner himself, which at the time appeared to be sufficient, 

 was no evidence of negligence on the part of the company. 



The onus of proving that damage, happening during 

 transit or while the goods were in the Carrier's hands, was 

 occasioned by a cause for which he was not responsible, 

 lies upon the Carrier (q) . 



All Common Carriers must carry goods for reasonable 

 charges, and consequently not take more from one than 

 from another for the same service. Therefore one customer 

 or class of customers cannot be charged more than another 

 customer or class of customers, or the public generally (r) . 



Eailway Companies, being Common Carriers, are prima 

 facie liable at common law for defects in their Carriages or 

 Trucks, by which damage accrues to the goods entrusted to 

 them to carrj^ (.s;). 



But a special contract entered into with a Common 

 Carrier, by the party who delivers goods to be conveyed, 

 by which contract the Carrier is exempted from all liability 

 for any loss occasioned by his negligence, is binding upon 

 both parties (/) at Common Law. 



(p) L. E., 7C. P. 75: 41 L. J., 

 C. P. 60; 26 L. T., N. S. 131; 

 and see Lake Shore Railroad Co. v. 

 Ferklns, 25 Micb. 329. 



(q) Hudson V. Baxendale, 2 II. & 

 N. 575. 



(r) Johnson v. ilidland Railicay 

 Co., 4 Ex. 367 ; and Coyrjs v. Ber- 



nard, 1 Smith's L. C. 8th ed. 199, 

 and cases there cited. 



(*) See Combe v. London and South 

 Western Railway Co., 31 L. T., N. 

 S. 613. 



[t) Carr v. Lancashire and York- 

 shire Railway Co., 7 Ex. 707. 



