INDEX. 593 



CAERYING HORSES— {continued). 

 Exceptions, 264. 



Meaning of "Act of God," id., 265. 

 Eule as to Inherent Vice, 265. 

 Blower v. Great Western Railiuay Company, id. 

 Proof of, 266. 



Eule applies to common Carriers by Sea, 267. 

 When Carrier may refuse to carry animals, 268. 

 Onus of pi'oof of non-liability, id. 

 Must carry for reasonable charges, id. 

 Defects in Carriages, id. 

 A special contract to carry, id. 

 Binding at Common Law, 269. 

 Hardship thus occasioned, id. 

 Eemedy 17 & 18 Vict. c. 31, id. 



Sections 1 — 6, id. 



Section 7, id. 

 Application of Section 7. . 270. 

 Construction of Section 7 . . 271. 

 Peek V. North Staffordshire Railway Company, id. 

 General Notices invalid, 272. 

 Condition limiting liability, id. 



"Condition" and "Special Contract" sj'nonymous terms, id. 

 Special Contract binding on company without signature, 273. 

 Effect of signature by agent, id. 

 As to reasonableness Court to decide, id. 

 General effect of these decisions, 274. 

 What conditions just and reasonable, and what not, id. 

 "To be free from all risks" — Cattle suffocated, id. 

 " To be free from all risks of conveyance" — Unsound truck, 



275. 

 Owner's risk at lower rate, 276. 

 Condition as to time within which loss should be declared, 



to create claim, id. 

 Condition as to special rate, id. 

 As to package insufficiently packed, id. 

 As to non-liability for loss of market as to fish, id. 

 As to cheese, id. 



As to loss of market coupled with " injury" to cattle, 277. 

 Condition as to value coupled with unreasonable rate, 278. 

 Where value untruly declared, 279. 

 Condition as to general non-liability, id. 

 As to non-liability beyond their own limits, 280. 

 If part of special contract is reasonable, such part may be 



relied on, 281. 

 Alternative rates, id. 

 What is wilful misconduct, 282. 



Plaintiff must prove more than culpable negligence, id. 

 Onus of proof, 283. 



General effect of the decisions as to conditions, id. 

 Delivery by Carrier, id. 



Notice of consignee's refusal to consignor, id. 

 Effect of consignee's refusal, id. 



Compensation paid in error to consignor no answer to action 

 by consignee, 28J. 

 O. Q Q 



