124' IIAILWAY COMPANY MUST RECEIVE HORSE FOR CARRIAGE. 



must make proper arrangements and afford all reasonable 

 facilities for the receiving, forwarding, and delivering of 

 traffic (including animals) without unreasonable delay, and 

 without prejudice or favour to any particular person or 

 commodity ; (a) and under their jurisdiction the commis- 

 sioners, by these Acts, have power to award damages in cases 

 of loss.(6) A railway company is not bound to be a common 

 carrier of animals, yet being bound by § 1 of the Act to 

 afford facilities for their carriage, they can only limit their 

 liability in respect thereof by reasonable conditions under 

 § 7 of the Act.(c) 



The liability of a railway company under this Act attaches 

 whenever the horse is delivered. Thus, a horse being led 

 to a part of a railway company's yard by a groom, under the 

 direction of a railway porter, was startled by another horse, 

 and backed into some iron girders, and was so seriously 

 injured that it had to be killed. The jury found the com- 

 pany liable for negligently leaving the girders where they 

 were.(cZ) 



95. Railway Companies must receive Horses for carri- 

 age. — Railway companies professing to carry live stock must 

 receive a horse for carriage in the same manner as any other 

 common carrier, (e) if it is offered to them at a reasonable 

 time ; (/) but their duty in this respect is limited to the con- 

 venience at their disposal, (r/) The company is entitled to be 

 prepaid a reasonable hire for carriage in the absence of stipu- 



(a) 17 & 18 Vict. c. 31, § 2 ; Dickson v. G. N. Ry. Co., 1886, 18 Q.B.D. 176. 

 (6) 36 & 37 Vict. c. 48, § 12 ; 51 & 52 Vict. c. 25, § 8, et seq. 



(c) Dickson, cit., p. 123 ; see § 111. 



(d) Hodgman v. W. Mid. Ry. Co., 1865, 6 B. and S. 560. See this case further 

 noticed, § 110. 



(e) Lane v. Cotton, 1 Lord Raymond, 646, 652 ; M'Manus v. L. tt Y. Ry. Co., 

 1859, 4 H. and N. 327 ; Johnson v. M. Ry. Co., 1849, 4 Ex. 367 ; Dickson, 

 cit. 



(/) Carton v. B. <(• E. Ry. Co., 1861, 30 L.J., Q.B. 273; Pickford v. 0. J. 

 Ry. Co., 1844, 12 M. and W., 76C. 

 (g) Erie, J., in M^Manus, cit. 



