FREIGHT WHEN THE HORSE DIES OR IS DAMAGED. 153 



from perils of the sea, the act of God, and the Queen's 

 enemies, lire . . . &c. But where horses or live stock are 

 to be carried there are usually these further exemptions, 

 — viz. " not liable for mortality, contagion or injury." These 

 exceptions it is thought would not free the shipo^vner from 

 any damage due to his own fault. Thus, if the contagion were 

 the result of the owners having carried diseased animals in 

 the same ship and not having properly disinfected it previous 

 to allowing the animals to be put on board, or if mortality or 

 injury were the result of an unseaworthy ship, or of deviation 

 where that is not specially excepted, or due solely to faulty 

 arrangement for carriage, the shipowner would still be 

 liable, (a) 



120. Freight when the Horse Dies or is Damaged. — 



Freight, as a general rule, is due on delivery in the absence 

 of special agreement ; and the shipo^vner must be willing and 

 able to deUver on paj^ment of his just charges before he can 

 claim freight. (6) "Freight is earned by the carriage and 

 arrival of the goods ready to be deHvered to the mer- 

 chant. "(c) Express agreement regarding papnent of freight 

 overrules the common law ; thus, if the agreement be for 

 lading and undertaking to carr}^ the subsequent death of the 

 animal does not deprive the owner of his reward ; but if the 

 agreement be to pay freight for trans2yort, then no freight is 

 due for those that die on the voyage, because as to them the 

 contract is not performed. (c?) If the shipowner has 

 been prevented from carrying the horse to its destination, 

 although by causes beyond his control, he cannot claim any 

 part of the freight, for he has not earned it. So " freight 

 would not be payable upon animals which died during a 

 voyage and were thrown overboard. Nor probably would it 

 be payable although the carcasses were carried to the desti- 



(a) Taltersall and other cases cited, § 118. 



(h) Johnson v. Greaics, 1810, 2 Taunt. 344. 



(c) Per Willes, J., in Dukln v. Oxlcy, 1864, 33 L.J., C.P. 115, 119. 



(cZ) Maclachlan, 4th edition, p. 490. 



