IXHEREXT VICE. 135 



it have been prevented ; and a carrier in such a case has 

 done all that is reasonably to be required of him, if he has 

 used all the means to which prudent and experienced carriers 

 ordinarily have recourse to insure the safety of goods entrusted 

 to them under similar circumstances, (a) A fall of snow is 

 an accident such as will free a railway company for liability 

 from delay, and a common carrier is not bound to use extra- 

 ordinary efforts or incur extra exj^ense to surmount the 

 obstruction. (6) Railway companies, wdien common carriers, 

 are liable for loss of horse by fire.(c) Carriers, moreover, 

 are not liable for accidents happening to an animal from its 

 inherent vice, when there is no fault or negligence attribu- 

 table to them. 



109. Inherent Vice.(t?) — The leading case on this subject 

 was one in which the Great Western Railway Company were 

 sued for failure in delivery of a bullock delivered to them at 

 Dingestow Station, to be carried to Northampton. In the 

 course of the journey the animal escaped from the truck m 

 which it was placed, and was killed. In a case stated by 

 the County Court judge, it was found that the escape was 

 wholly attributable to the efforts and exertions of the animal 

 itself, and not to any negligence on the part of the company, 

 and that the truck was in every respect proper and reason- 

 ably sufficient for the conveyance of cattle. The Court held 

 that, upon this state of facts, the judge ought to have directed 

 a verdict for the defendants ; and Willes, J., observed : — " The 

 bullock was received by the company under the terms of a 

 notice which is assailed by the plaintiff. It is unnecessary 

 to consider whether or not the notice was a reasonable one. 

 The question for our decision is, whether the defendants, 

 upon the facts and findings of the County Court judge, are 



(a) See Cockburn, C.J., in Nurjcnt v. Smith, cit., p. 438, but irresistible force 

 occasioned by robbers and mobs will not free the carrier ; Cogr/s v. Bernard, 

 1 Smith's L.C., p. 215. 



(h) Briddon v. G. N. liy. Co., 1858, 28 L.J., Ex. 51. 



(c) 19& 20 Vict. c. (50, § 17. 



(d) § luO. Cases of Paxton and Ralston, p. 128. 



