144 RESPONSIBILITY OF CARRIERS BY WATER. 



115. The Limit of Damage Recoverable. — Under the 

 Act no more than £50 can be recovered from a railway or 

 canal company for damage to or loss of a horse, unless under 

 declaration of a higher value,(a) and the declared value is 

 taxative.(6) The chance of obtaining a prize is too remote a 

 ground for damage, (c) If recovery is sought at the price of 

 a sub- sale rendered ineftectual by the injury, there must have 

 been an actual contract to purchase at that figure, (d) If, on 

 failure to provide proper horse-boxes, the customer has to 

 provide other means of transit for horses out of condition, 

 the company is bound to make good only the deterioration 

 which 'the horses would have suffered if they had been in 

 good condition, and the expenses for time and labour on the 

 road;(e) and it is a jury question whether the customer 

 would not be entitled to a special train for their conveyance, 

 if there Avere no ordinary trains for delivery within reason- 

 able time.(/) 



116. Responsibility of Carriers by Water. — When the 

 carriage is by canal it is under the same rules as carriage by 

 railway companies.((/) Common carriers by water are under 

 the obligations already referred to and explained, so far as 

 they are applicable to this description of transit. (/t) Where 

 carriage is by a special contract, the owner is bound to 

 supply a seaworthy vessel, properly manned and navigated, 

 with all necessary equij)ments and documents for safety, (i) 

 The vessel(y) must not be overloaded, and the horse must 

 be kept safe from all perils, such as concussion or 



(a) See § 110 ; 17 & 18 Vict. c. 31, § 7. 



(6) M'Cance v. L. d- N.-W. By. Co., 1864, 3 H. and C. 343. 



(c) Watson v. A. N. ct B. Ihj. Co., 185], 15 Jur. 448. 



{(l) Hart V. Baxendah, 1867, 16 L.T., N.S. 390, Martin, R. 



(f) Waller V. M. G. W. Ky. Co., 1879, L.K. 4 Ir. 376. 



(/) Donohoc V. L. .0 N.-W. Ry. Co., 1867, 15 W.R. 792. 



{rj) §§ 93-108. 



[h) % 93. 



(0 13. Pr. 408. 



(j) Regulations for conveyance of horses in passenger steamers, Appx. vi. 



