DELAY IN FOEWARDING PIGS. 255 



ents). The respondents were cattle-jobbing partners, and tlie appellants 

 railway carriers from Alnwick to Newcastle. Alnwick fortnightly fair 

 is held on a Monday, and a weekly one at Newcastle on a Tuesday, 

 when the market is nominally open from 5 a.m. till 3 p.m., but is 

 l^ractically ended between 10 and 11 a.m. On the 28th of November, 

 1853, the respondents and one Logan brought some sheep and pigs, of 

 a portion of which they were joint owners, to the Alnwick station, in 

 order to ofiPer them for sale at Newcastle early the next morning, and 

 engaged 2^ trucks for sheep and half a truck for pigs. For this they 

 paid £2 4s. 3d., and certain tickets were given out before half-past 

 three p.m. Evidence was given by the appellants of the ticket having 

 been furnished to Crisp, on the back of which was this, among other 

 conditions — 



" TJiCit the coirqMny he not rcsponsiJjle for tlie non-dcJivcrij of tlie 

 stock within any ceiiain or reasonaNe time, nor in time for any par- 

 ticular marJcet ; nor are they o'eqnircd to forward ly any particular 

 train." 



There were no disengaged trucks at this time, as the respondents 

 knew ; and after waiting several hours, the station-master franked the 

 respondents to Newcastle (instead of leaving them to come with the 

 usual cattle-train passes), and assured them that the sheep and cattle 

 would follow the same evening. Logan and a servant were left behind 

 with the cattle; and seeing no trucks forthcoming, demanded back 

 their money, which was refused. The former waited fruitlessly for 

 trucks till one in the morning, and then went away, leaving a servant 

 with the cattle, which were put into the coal depot. At four o'clock 

 the cattle were forced into some filthy waggons, and did not reach New- 

 castle market till 11 a.m., when the market was over. They were so 

 reduced by hunger that some of them died, and the rest were rendered 

 unsaleable up to the time of the trial. Logan proved that whereas 

 he ought to have realized a considerable profit at Newcastle, he had 

 been offered 10s. less per head than he had given at Alnwick. The 

 station clerk of the appellants proved that he handed three tickets 

 to Logan, Crisp, and Thompson ; but he admitted that no copy or dupli- 

 cate was given, nor was it read to any of the respondents or Logan, nor 

 was the attention of any of them directed to the contents or meaning of 

 the tickets. 



It was admitted that the tickets were returned to the appellants at 

 Newcastle, but the latter gave no evidence to explain the delay. The 

 judge of the Alnwick County Court did not direct the jury as to the 

 legal effect of the ticket, but asked them, first, Are the defendants 

 common carriers for hire? secondly, Did they receive the plaintiffs 



