154 FREIGHT WHEN THE HORSE DIES OR IS DAMAGED. 



nation, for the thing for the carriage of which freight was to 

 be paid was the living animal. "(rt) A contrary opinion, how- 

 ever, is maintained that, in the absence of express agreement, 

 freight is payable for the dead as well as for the living. (6) 

 If the horse has been carried to its destination, and is there 

 ready to be delivered, it is no answer to a claim for freight 

 that it is damaged or deteriorated, and not in the condition 

 it was in when shipped ; even though the damage is so 

 great that the horse is not worth the freight payable upon it, 

 and though the damage has arisen owing to the fault of the 

 master and crew.(c) The consignee may claim for damages, 

 but is liable for the freight in full.(cZ) 



(a) Carver, § 548 ; see also L. & iY.-IF. Ry. Co. v. Hughes, 1889, 26 L.R. Ir. 

 165, 175. 



(6) Maclachlan, p. 490, 492. 



(c) Dakin, cit. Shields v. Davis, 1815, 6 Taunt. 65 ; Hotham, 1 Douglas, 272. 



(d) Meyer v. Dresser, 33 L.J., C.P. 289. 



