142 CONDITIONS WHERE FREE PASS IS GIVEN TO GROOM. 



the ordinaiy liability of a carrier ; the other a reduced rate, 

 where the company were to be free from all responsibility 

 (including liability for loss, injury, delay), unless such 

 injury should be occasioned by the intentional and Avilful 

 neglect or misconduct of the compan3''s servants. The 

 train arrived late, and some of the cattle died, others 

 were injured, and loss of market Avas also incurred. Inter 

 alia, a condition in the following terms was held reason- 

 able : — " The company will in no case be responsible for an}^ 

 injury sustained by reason of the overcrowding of waggons, 

 or by such overcrowding and delay in transit, where such 

 overcrowding takes place at the instance of the owner or 

 sender, or person in charge of animals." It was also held 

 that the reasonableness of the alternative rate was for the 

 judge and not for a jury, (a) 



113. Conditions where Free Pass is given to Groom. — 



Further, a condition Avhere a pass is given for a drover to 

 ride with his animals, that the company is to be held free 

 " from all risks in respect of any damages arising in the 

 loading or unloading, from suffocation or being trampled 

 upon, bruised, or otherwise injured in transit, from lire, or 

 from any other cause whatsoever," was held reasonable, the 

 drover having means of ascertaining the sufficiency of the 

 vehicle supplied. (6) 



But a condition that an " owner undertakes all risks of 

 loadinof, unloading, and carriage, whether arising from the 

 negligence or default of the company or their servants, or 

 from defect or imperfection in the station platform, or other 

 places of loading, ... or of the carriage, ... or from any 

 other cause whatever," is unreasonable, and its unreason- 

 ableness is not destroyed by granting free passes to persons 

 having care of live stock, (c) 



(a) Sheridan v. M. G. W. Ry. Ir. Co., 1888, 2i L.R., Jr. 146. In tliis case 

 there will be found six conditions all held reasonable. 

 (h) ParcUwjton v, S.-W. Ry. Co., 1856, 1 H. and N. 392. 

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



