UNREASONABLE CONDITIONS. 143 



114. Unreasonable Conditions. («) — The foUoAving condi- 

 tion about cattle transit Avas held unreasonable, viz. : — " That 

 the owner or his representative is required to see to the 

 efficiency of such waggon before he allows his stock to be 

 placed therein, and complaint must be made in writing to 

 the station inspector or clerk in charge as to all alleged 

 defects, either at the time of booking or before the wago"on 

 leaves the station." (6) Again, a condition that "all goods 

 delivered to a company will bo received and held by them 

 subject to a general lien for all money due to them, whether 

 for carriage of such goods or for other charges," was held not 

 just and reasonable. (c) Again, it has been held unreason- 

 able for a company, carrying partly by sea and partly by 

 land, to exempt itself from liability from the consequences of 

 the negligence of the captain and crew of the steamer eno-a^^ed 

 m the sea transit, which Avas worked by and belono-ed to a 

 steam packet company working under an arrangement with 

 the raihvay company. (tZ) 



Where cattle Avere prepaid at " owner's risk," and detained 

 by a company for a lien which turned out to be unfounded, 

 the company was found Hable in damage, (e) When there is 

 an exemption from damage of a special kind, it Avill not 

 relieve the company Avhen loss or damage is distinctly 

 traceable to their fault. Thus, damage by leakage or 

 breakage is not covered by the exemption if negligence 

 supervene on the part of a raihvay company, (/) or those 

 who are agents for them to complete a journey, {g) Where 

 a consignee delays unreasonably, after receiving his horse, to 

 give notice of damage done to it in course of transit, he is 

 barred from objecting to its condition. (It) 



(a) See also §§ 111, 112, 11-3. 



(b) Gregory v. IF. M. Ry. Co., 1864, 3:3 L.J., E.x. 155. 



(c) PcchUi V. Cid. Ry. Co., 187.5, 2 R. 34G. 

 {d) Moore V. M. Ry. Co., 1875, 9 Ir. C.L. 20. 



(e) Go7-don v. Gt. IF. Ry. Co., 1881, 8 Q.B.D. 44. 

 (/) Phillips V. Clark, 1857, 2 C.B., N.S. 163. 

 (9) § 105. 

 (A) Stewart v. Cat. Ry. Co., 1878, 5 R. 426. 



