CARRYING HORSES, 289 



under a contract for carrying -persons, ajiimak, or goods 

 by sea procure the same to be carried in a vessel not 

 belonging to the Railway Company, the Railway Company 

 shall be answerable in damages in respect of loss of life or 

 personal injury, or in respect of loss or damage to animals 

 or goods, in like manner and to the same amount as the 

 Railway Company would be answerable if the vessel had 

 belonged to the Railway Company ; provided that such 

 loss of life or personal injury, or loss or damage to an i Dials 

 or goods, happens to the person, animals or goods (as the case 

 may be) dming the carriage of the same in such vessel, the 

 proof to the contrary to lie upon the Railway Company." 



This section extends the provisions of the 31 & ^2 Yict. 

 c. 119, s. 16, ante, p. 288, and therefore of 17 & 18 Yict. 

 c. 31, s. 7, ante, p. 269, to the carriage of goods which the 

 Company contract to carry in ships not belonging to them. 

 In Boolan v. The Midland Railway Company (r), the defen- DoolmiN.Mid- 

 dants, an English Railway Company, having no special ^""(^ l^ad. Co. 

 powers to work steam vessels, contracted at their office in 

 Dublin to convey cattle by sea to Liverpool, and thence by 

 railway to St. Ives. The cattle were lost on the passage 

 to Liverpool through the negligence of the crew of the 

 steam vessel, with the owners of which the Railway Com- 

 pany had a through booking arrangement for the conveyance 

 of their traffic. The contract was made subject to a written 

 condition exempting the Railway Company from liability 

 for " loss of, or any damage or injury to, animals, goods, 

 or property intrusted to them, arising from the dangers or 

 accidents of the sea, or of steam navigation, the act of God, 

 the Uueen's enemies, jettison, barratry, collision, improper, 

 careless or unskilful navigation, accidents connected with 

 machinery or boilers, or any default or negligence of the 

 master or any of the officers or crews of the company's 

 vessels ; " and it was held by the House of Lords, reversing 

 the judgment of the Irish Exchequer Chamber (.s), and 

 restoring the judgment of the Irish Court of Common 

 Pleas [t], that the contract was governed by the Railway 

 and Canal Traffic Act, 1854, s. 7 (»), that its conditions 

 were unreasonable, since they tried to exempt the Company 

 from all liability for the negligence of its officers and 

 servants, and therefore that the Railway Company was 

 liable for the loss of the cattle. 



(r) L. R., 2 App. Cas. 792 ; {t) 9 Ir. R., C. L. 20. 



34 L. T., N. S. 317. {u) Ante, p. 2G9. 



(6) 10 Ir. R., C. L. 47. 



o. u 



