OBLIGATIONS OF A RAILWAY COMPANY. 125 



lation to the contrary ; (a) and delivery of the horse to the 

 company or their authorised agent (h) at their usual place for 

 receiving it (c) is sufficient, when accepted by the company, 

 to fix them with responsibility for its safe carriage (d) till tlie 

 destination is reached, (e) 



96. Of Delivery to the Railway Company. — To render 

 the con:ipany liable they must be charged with the horse by 

 delivery of it to them,(/) or to some one empowered to act for 

 them, either as agent or servant, (f/) Such delivery must be 

 in conformity with the known course of the company's busi- 

 ness or it will not bind them. (A) The horse must be 

 delivered in a state fit for carriage ; (i) yet if a defect in this 

 respect be manifest and the company undertake the carriage 

 notwithstanding, they are responsible. (;') 



97. Obligations of a Railway Company.(Z;) — Railway com- 

 panies as common carriers are bound not only to receive a 

 horse for carriage, (Z) but must provide a sufficient vehicle for 

 its conveyance, tie it up properly, observe due care and exercise 

 reasonable despatch m transit, and deliver it to the con- 

 signee. (?7i) They are bound also to follow out instructions 

 given by the owner or his agent, when reasonably practicable. (w) 



(a) Batson v. Donovan, 1S20, 4 B. and Aid. 21, 28 ; Parke, B., in Can- v. L. <i- Y. 

 Ry. Co., 1852, 21 L.J. Ex. 261. 

 (6) Macnamara, Art. 35. 

 (c) Macnamara, Art. 34, as to usage. 



(rf) Randleson v. Murray, 1838, 8 A. and E. 109. Maenamara, Art. 96. 

 (e) Muschamp v. L. cO P. Ry. Co., 1841, 8 M. and W. 421. 



(/) § 16. 



(g) Bain v. Sinclair, 1825, 3 S. 533 ; Bain v. Blaclhurn, 1824, 3 S. 362 ; Reid 

 V. Maclcie, 1830, 8 S. 948. As to liability of forwarding agents and carriers' 

 agents, see Wight v. Inglis, 1828, 6 S. 572 ; Bates v. Cameron, 1855, 18 D. 186 ; 

 Stcivart V. Gordon, 1852, 14 D. 434 ; Macnamara, Art. 43. 



(h) Slim V. G. N. Ry. Co., 1854, 14 C.B. 647. 



(i) B. Pr. 162. 



(j) Stuart V. Crawley, 1818, 2 Stark, 323. 



{k) B. Pr. 164, 165. 



(/) § 95. 



(m) §§ 98, 116. 



(n) Strectcr v. Ilorloclc, 1822, 1 Bing. 34, as to countermand of order to deliver 

 during transit. See Scotthorn v. S. S. Ry. Co., 1853, 22 L.J. Ex. 121. 



