130 DELIVERY TO THE CONSIGNEE. 



carry Avitli reasonable despatch, («) all the more so if it is 

 within their knowled^^c that a horse is going to a special 

 market for sale :(/j) and if there be a known cause of danger 

 of delay, the company are bound to warn the consignor of it. 

 " Temporary or accidental detention from unexpected pres- 

 sure of traffic is a risk incidental to railway traffic, and one 

 of which the customer must to a certain extent take his 

 chance. But it is quite a difterent thing when the causes of 

 probable detention arc knoAvn and foreseen, and are not 

 specifically disclosed to the customer when his goods are 

 accepted." (c) 



What amounts to reasonable time is purely a jury ques- 

 tion, (d) A falling-off in condition in consequence of delay 

 in delivery, and from want of food and water, amounts to an 

 " injury " under the Railway and Canal Traffic Act.(e) 



103. Of a Fit Place for Delivery. — Railway companies are 

 bound to keep their stations in a fit and proper state for the 

 safe delivery of the horse, and they cannot relieve themselves 

 of that duty by special conditions ; (/) but there is no specific 

 obligation on a railway company carrying live stock to pro- 

 vide fences or guards at the station where the animals are 

 unloaded to prevent their straying on the line, {g) 



4. Of Delivery to the Consignee A common carrier 



is bound to deliver the horse, in the same condition as he 

 got it, to the consignee, or one authorised to receive it ; (h) 



(a) M'Cotmachie v. G. X. S. Ry. Co., 1875, 3 E. 79 ; Macdonald ib Co. v. Iliyh- 

 land Ry. Co., 1873, 11 M. 614. 



(b) Anderson v. A'. B. Ry. Co., 1875, 2 R. 443. 



(c) Per Lord Justice-Clerk Moncreiff in M^Connachie, cit. 85. 



{d) Donohoe v. L. <!.• N.- IF. Ry. Co., 1867, 15 W.K. 792. Question as to whether 

 company is bound to send animals by special train. 



(e) Allday v. G. W. Ry. Co., 1864, 34 L.J., Q.B. 5. 



(/) Rooth V. N.-E. Ry. Co., 1867, L.R. 2 Ex. 173. 



(g) Roberts v. G. W. Ry. Co., 1858, 27 L.J., C.P. 266 ; see also Sneeshy v. L. d: 

 Y. Ry. Co., 1875, 1 Q.B.D. 42. For the circumstances of this case, see § 170. 



(h) See § 93, authorities there cited ; Macnamara, Art. 100. As to goods 

 delivered by mistake, see Caledonian Ry. Co. v. Harrison, 1879, 7 R. 151. 



