292 



CARRYING HORSES. 



Damaffes. 



Injury must 

 not be too 

 remote. 



Failing' to pro- 

 vide Horse- 

 boxes for 

 Plorses to be 

 sold at 

 Auction. 



sequence of their culpable negligence in allowing an im- 

 proper slip to be used (r). 



The Damages to be paid will be measured by the value 

 of the animal, if it be killed, or by the loss on the sale, 

 if it be injured, but in respect of Companies under the 

 Railway and Canal Traffic Act (s), within the limit of 

 Damages imposed by that Statute, viz., for a horse 50/., 

 neat cattle per head 15/., and for sheep and pigs per 

 head 2/., unless at the time of delivery they shall be de- 

 clared to be of higher value than that above mentioned ; 

 in which case however they cannot be estimated upon a 

 higher value than that which has been declared by their 

 owner or his agent in the written declaration required by 

 the Company, though the declared value is less than the 

 real value [t) 



If Horses or cattle are injured on their way to an 

 Agricultural Show, the chance of obtaining a prize is 

 too remote a ground for Damages (») . But such ex- 

 penses as are reasonably and necessarily incurred by the 

 Owner in consequence of unreasonable delay in the de- 

 livery of goods, may be recovered against the Carrier (,r). 



In order to recover Damages for non-sale, owing to delay 

 in carrying, there must have been an actual Contract to 

 buy for a price {y). 



A Railway Company having failed to provide Horse- 

 boxes, pursuant to Contract, for the conveyance of Horses 

 for sale by auction in Dublin on the day but one following, 

 the Owner was compelled to send them by road, a distance 

 of twenty-four miles, in order that they might arrive 

 in due time for the sale, and for previous inspection by 

 purchasers. The Horses, which v/ere valuable hunters, 

 were in soft condition at the time. They were deteriorated 

 in appearance by the fatigue of the road journey ; one of 

 them was lamed : and such as Avere sold realized prices 

 below what would have otherwise been obtained, the others 

 being left on the Owner's hands. It appeared that if they 

 had been in hard-fed condition, they would have borne the 

 journey without injury. The Company's station master 

 was, at the time of the Contract, aware of the intended 



(r) JVilloughbi/ v. Horridge, 22 L. 

 J., C. P. 90. 



is) 17 & 18 Vict. c. 31. 



{t) M'Cance v. London and North 

 Western Baihcai/ Co., 31 L. J., Ex. 

 65 ; <•?. C. Ex. Ch. 34 L. J., Ex. 39. 



[>() Watson V. Amhergatc, Not- 

 ihtg/iam and Boston Railway Co., 

 15 Jur. 448. 



(.r) Black v. Baxendalc, 1 Ex. 410. 



[>/) Hart V. BaxcndaU, IG L. T., 

 N. S. 390, IMartin, B. 



