DAMAGE THROUGH AXLE TAKING FIRE. 237 



tion, and the horses were injured. The facts of the case were these : 

 Shortly after the train had started, it was discovered that one of tlic 

 wheels of the truck in which the horses in question stood, was becominj^ 

 heated for want of grease ; and when the train arrived at Boston, the 

 company's servants were requested by the plaintiff's servant to cause 

 the carriage to be removed from the train and another substituted for 

 it ; but they declined to do so, alleging that tliere was not time for it, 

 but they applied water to the wheel, and greased it. When the train 

 reached Peterborough, the wheel being still on fire, the station-master 

 desired the driver to stop at Whittlesea and grease it again. The 

 driver, however, did not stop, as directed ; and shortly afterwards the 

 wheel broke down, and the truck was broken to pieces, and one of the 

 plaintiff's horses killed and others injured. Plea the sixth to second 

 count alleged that the plaintiffs did not deliver, nor defendants receive 

 the horses to be carried mode ct forma. At the trial, before Erie J., 

 it appeared that the horses were placed in trucks at New Holland ; and 

 at the time a ticket was signed by the plaintiff Davis, on behalf of the 

 plaintiff Austin, who could not write. The ticket Avas indorsed as 

 follows — 



" This ticket is issued subject to tlie owner s undertakinc/ to lear all the 

 risk of injury hij conveyance and other contingencies ; and ths owner is 

 required to see to the efficiency of the carriage lefore he allows his horses 

 or live stock to de jdaced therein, the charge being for the me of the 

 railway carriages and locomotive power onlg. The Gompang will not 

 be responsible for ang alleged defects in their carriages or trucks unless 

 complaint be made at the time of booking or before the same leave the 

 station ; nor for ang damages, however caused, to horses, cattle, or live 

 stock of ang description, travelling upon their raihvay or in their 

 vehicles. I have examined the carriages, and am satisfied tvith their 

 sufficiency and safetg. {Signed) Austin. 



{Owner, or on the owner'' s behalf).''^ 



Evidence was given in support of the allegations in the declaration. 

 It also appeared that twenty-one horses were sent, and that if the 

 horses had been sent in regular horse-boxes the price of conveyance 

 would have been £50, whereas they had only cost by the truck con- 

 veyance £22 lOs. The jury found that the accident was occasioned 

 by the fire, and that there Avas negligence on the part of the company 

 in proceeding with the carriages. The learned judge directed a verdict 

 to be entered for the defendants on the issue on the sixth plea, reserving 

 leave to move to enter a verdict for the plaintiffs. A verdict was also 

 found for the defendants on issues upon pleas to the first count. Dam- 



