TITLE V. 

 BAILMENT AND CARRIAGE. 



CHAPTER II. 



CARRIERS OF ANIMALS. 



iio. Nature of the contract of car- 115. Delay and accident. 



riage. 116. Injuries due to the nature 



111. Restriction of liability. and condition of animals. 



112. Receiving; loading; unload- 117. Notice. 



ing; delivery. 118. Evidence. 



113. Mode of transportation. 119. Damages. 



114. Food and water. 



110. Nature of the Contract of Carriage. — The exact char- 

 acter of the contract for the carriage of animals has been the 

 subject of much judicial discussion. The prevailing opinion 

 and, as it seems, the better one, is that carriers of live-stock 

 are, like carriers of goods, common carriers and insurers 

 against all losses except those resulting from the acts of God 

 or the public enemy or the shipper himself, or from the 

 peculiar nature and disposition of the property carried.^ 



' Wood Railroads, 2d ed., 1928 n., 1929, where the rule is said to be the 

 one adopted by nearly all of the American and later English cases, though 

 a number of the earlier English cases are said to induce grave doubts as to 

 whether the liability of a carrier of live-stock was any more than that 

 of a carrier of passengers and did not extend to actual negligence only. 

 But see the discussion of these cases in the present section. 



And see (>^ Am. Dec. 208, note, where the opinion of Mr. Justice Willes 



in Blower v. Gt. West. R. Co., L. R. 7 C. P. 655, is quoted to the eflect 



that the conflict of opinion on the question "may turn out after all to be 



a mere controversy of words," and the statement is made that "in most 



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