CARRYING HORSES. 287 



do SO at that time. The cow rushed out of the truck, 

 and, after running about the yard, got upon the line and 

 was killed. It was held that the Grreat Northern Railway 

 Company was the agent of the Manchester Railway 

 Company to make the contract for the carriage of the 

 cow, and that, as the Manchester Railway was not pro- 

 tected by the condition above set out, an action was 

 maintainable against them. 



In Co)nhe v. London and South Western Baitnrii/ Co. (q), Combe y. ion- 

 the plaintiff sent off some Horses from Wadhurst, a ^" ^"'^ ^°"^^ 



, ,• r^ ■) ^• • Tx 1 T 1 • Western Mail. 



station on one Company s ime, m Horse-boxes belongmg co. 

 to that Company in charge of a groom, who was to take 

 them to Farnham, a station on the defendants' line. At 

 Gruildford was the junction with the defendants' railway, 

 where it was necessary to book again, and whence there 

 are two routes to Farnham. The groom, on going to take 

 tickets, was told, in answer to his inquiries, that the train 

 direct to Farnham did not go for some hours, but that by 

 paying a little higher fare, he could go on by a train 

 which was about to start immediately, and went round a 

 longer way. He said he would go on at once, and he 

 and the Horses proceeded in the same trucks in which 

 they had come from Wadhurst. At Farnham two porters 

 came to unload the trucks, and the groom told them of the 

 danger of an accident arising from a wide space between 

 the flap and the body of the Horse-box, and how at 

 Wadhurst it had been stopped up for the Horses to be put 

 in. They accordingly tried to stop it up with straw, while 

 the groom kept the Horses quiet inside. When done they 

 said " all right," and he then led out the Mare, her Foal 

 following. The latter put its foot through the opening and 

 broke its leg. It was held that the Company were bound 

 to provide a truck reasonably fit for the conveyance of the 

 plaintiff's Horses, and there was evidence that this was 

 unfit, and that the defendants had adopted it from the 

 other Company at Gruildford, and, by sending it on to Farn- 

 ham, became liable for an accident caused by its defects. 



The Regulation of Railways Act, 1868 (31 & 32 Vict. Througli car- 

 c. 119), Part II., sect. 14, provides that where a Company, "yf^ilway^^ 

 by through booking, contracts to carry any animals, luggage and partly by 

 or goods from place to place, partly by railway and partly sea. Eegula- 

 by sea, or partly by canal and partly by sea, a Condition ^aYs^AdT^^" 

 exempting the Company from liability for any loss or 1868. 



{(j) 31 L. T., N. S. G13. 



