CHAPTER V. 



CARRIAGE BY LAND AND WATER. 



Nature of the Contract, 91. By Commou Carrier, 92. Liability of Common 

 Carriers, 93. Railway Comiianies as Carriers, 94. Must receive 

 Horses for Carriage, 95. Delivery to Railway Company, 96. Obliga- 

 tions of the Company, 97. Of a Safe Vehicle for Transit, 98. 

 Statutory Provisions regarding Vehicles for Carriage of Horses, 99. 

 Reasonable Care and Despatch in Transit, 100-102. Of a Fit Place 

 for Delivery, 103. Delivery to the Consignee, 104. Through Book- 

 ing, 105. Termination of Company's Responsibility, 106. Presump- 

 tion in Case of Damage, 107. Inevitable Accident, 108. Inherent 

 Vice, 109. Limitation of Company's Responsibility by Statute, 110. 

 Just and Reasonable Conditions, 111. Optional Rates, 112. Effect of 

 Passes to Drover, 113. Unreasonable Conditions, 114. Limit of 

 Damage Recoverable by Statute, 115. Responsibility of Commou 

 Carrier by Water, 116. Statutory Limitations of the Liability of 

 Common Carriers by Sea, 117. Carriage by Sea by Special Contract, 

 118. Usual E.vemi^tions from Liability in the Contract, 119. Freight 

 when the Horse Dies or is Damaged, 120. 



91. Nature of the Contract. — The carriage of horses is 

 either by land or water, and the contract for their convey- 

 ance may be either express, in which case it depends on the 

 terms of the agreement verbal or written, or implied, as in 

 the case of a common carrier. 



92. Carriage by a Common Carrier. — A common carrier 

 is one who for hire undertakes the carriage of goods for the 

 public indiscriminately from a certain place within the realm 

 to another either in or beyond the realm.(a) He is bound 



(a) Macnamara, Art. 19 ; B.C. i. 496 ; Crouch v. L. cfc N.-W. Ry. Co., 1854, 14 

 C.B. 255 ; Harrison v. L. d: B. Ry. Co., 1860, 2 B. and S. 122 ; Coggs v. Bernard, 

 1 Smith's L.C. 201, and cases there cited. One terminus may be beyond the 

 sea, Nugent v. Smith, 1875, 1 C.P.D, 243. 



121 



