280 



CARRYING HORSES. 



Condition as 

 to non-liabi- 

 lity beyond 

 their own 

 limits. 



without rails, and during the journey the cow fell or 

 jumped out of the truck, and was injured. An action was 

 brought for the damage thus occasioned, and the Company 

 relied upon the Special Contract made by them with the 

 plaintiff, among the Conditions of which were these : — 

 That "the Company are to be free from all risk and 

 responsibility with respect to any loss or damage arising in 

 the loading or unloading, or injury in the transit from 

 any cause whatever, it being agreed that the animals are 

 to be carried at the owner's risk, and that the owner of the 

 cattle is to see to the efficiency of the waggon, before his 

 stock is placed therein ; complaints to be made in writing 

 to the Company's officer before the waggon leaves the 

 Station." In accordance with the decision of the Exchequer 

 Chamber in M'Mcnuis v. T//e Lancashire and Yorlishire 

 JRaUicay Company i^j), these Conditions were held to be 

 neither just nor reasonable. 



In Roofh V. The North Eastern Raihcai/ Company (/<•), a 

 Contract for the conveyance of cattle by railway, signed by 

 the party sending them, contained the two following, 

 amongst other, Conditions : — " The owner undertakes all 

 risks of loading, unloading and carriage, whether arising 

 from the negligence or default of the Company or their 

 servants, or from defect or imperfection in the station, 

 platform or other places of loading or unloading, or of the 

 carriage in which the cattle may be loaded or conveyed, or 

 fi'om any other cause whatsoever." " The Company will 

 grant fi'ee passes to persons having the care of live stock, 

 as an inducement to owners to send proper persons with 

 and to take care of them:" — It was held that the first 

 of these Conditions was unreasonable, and that its un- 

 reasonable character was not removed by the fact that the 

 Company, under the second condition, granted, and the 

 o^Tier accepted, a fi^ee passage for a person who travelled 

 with the cattle sent. 



If Carriers receive a chattel to carry to a particular 

 place, they must be said to have the carrying of it to 

 the end of the joui-ney, whether they themselves carry it 

 all the way or not. Therefore any parties to whom they 

 may hand it over are their agents and they are clearly 

 liable, unless the facts show that their responsibility has 



[j) M'Ma)ins v. Lancashire and 

 Yorkshire Eaihcay Co. (Ex. Ch.) 

 4 H. & N. 327. See also Tceh v. 

 North Staffordshire Eaihvay Co., 32 



L. J., Q. B. 241, ante, p. 271. 

 (/.) L. E., 2 Ex. 173; 3C L. 

 Ex. 83. 



J., 



