CARRYING HORSES. 277 



Company will not under any circumstances be liable for 

 Loss of Market, or any other claim arising from delay or 

 detention of any train, whether at starting, or at any of 

 the stations, or in the course of the journey," was not an 

 unreasonable one. 



In the case of Alldai/ v. Great Western Railarty Com- As to Loss of 

 pnnij {b), the plaintiff delivered some beasts to the Station- M:arket cou- 

 Master at Oxford, with directions to send them to Binning- ?< injury" to 

 ham, for the market there, and signed a ticket, containing Cattle, 

 certain Conditions, and amongst others that the defendants 

 were " not to be answerable for any consequences arising 

 from overcarriage, detention or delay in, or in relation to 

 the conveying or delivery of the said animals, however 

 caused." The Company have two stations at Birmingham, 

 one at Bordesley, for the cattle from Oxford and places 

 south of Birmingham, and the other at Hockley, north of 

 Birmingham, which would not be the proper station for 

 the plaintiff's cattle to be sent to. The plaintiff made in- 

 quiries for them the next morning at the Bordesley Station, 

 but inasmuch as they had been carried to the Hockley 

 Station, he did not get them till the middle of the day. 

 The proper time for him to have received them would have 

 been early in the morning, and at the Bordesley Station. 

 By reason of the delay which took place he lost the market ; 

 and in addition it was proved that the cattle had become 

 injured by having been kept in the trucks without food or 

 water. The defendants refused to make any compensa- 

 tion, and contended that they were protected by the Con- 

 ditions of the ticket above specified, and that they were 

 therefore not liable in respect of overcarriage. It was held 

 however by the Court of Queen's Bench that the cattle 

 were "injured" within the meaning of the statute, and 

 also that the Condition in the ticket was unreasonable. 

 And Cockbrn-n, C. J., said, "It is admitted that there had 

 been loss of condition to the cattle, and it is clear that that 

 amounts to ' injury' within the meaning of the 7th section. 

 I am also of opinion that the Condition expressed in the 

 ticket is unreasonable. The defendants claim complete 

 immunity from liability in respect of all delay, overcar- 

 riage, &c. They talk of reduced rates, but there is no 

 proof that they charged the plaintiff anything less than 

 the ordinary rates of charge. It might perhaps be reason- 

 able, if they had given the plaintiff the choice of two 



(i) Alldai/ V. Great Western Railwaij Co., 34 L. J., Q. B. 5. 



