RESTRICTION OF LIABILITY. 473 



the animals were to be carried at the owner's risk and 

 that he was to see as to the fitness of the car before the 

 stock were placed therein and to make complaint, if there 

 Avere occasion, in writing, to the company's officer before 

 the car left the station, — was held to be unjust and un- 

 reasonable. " They provide for the complete exemption 

 of the company from all responsibility whatever." ^" And 

 the fact that free passes are given to the persons in charge 

 of the stock does not make such a contract reasonable.®' 

 So, a contract exempting a railway company from liability 

 for loss of, or any damage or injury to, animals arising from 

 dangers and accidents of the sea, or of steam navigation, act 

 of God, queen's enemy, jettison, barratry, collision, im- 

 proper, careless, or unskilful navigation, accidents con- 

 nected with machinery or boilers, or any default or negligence 

 of the master or any of the officers or crews of the company's 

 vessels, — was held unreasonable.®^ Also, a condition ex- 

 empting a company from all liability in respect of horses, 

 whether in loading or unloading or in transit and conveyance, 

 whilst in the company's vehicles and on their premises, where 

 a low rate was charged; and a condition that the claim would 

 not be sustained unless the injury was stated and pointed out 

 by the company's agent at the time of unloading.®^ And a 

 ■condition is unreasonable that tends to exempt the carrier 

 from responsibility for negligence or default in the selection 

 of cattle on landing, on loading or unloading.®* So, con- 



" Gregory v. West Midland R. Co., 2 H. & C. 944, following McManus 

 ■V. Lancashire & Y. R. Co., 4 H. & N. 327, which reversed 2 id. 693. 



" Rooth V. North-Eastern R. Co., L. R. 2 Ex. 173. And see Tex. & 

 Pac. R. Co. V. Avery (Tex. Civ. App.), 46 S. W. Rep. 897. 



"' Doolan v. Midland R. Co., 2 App. Cas. 792. 



" Lloyd V. Waterford & L. R. Co., 15 Ir. C. L. R. 37- 



A contract to carry at a reduced rate "at owner's risk and exempt from 

 all liability not occasioned by wilful misconduct" is valid: Knox v. Gr. 

 North. R. Co., [1896] 2 I. R. 632; Curran v. Midland Gr. West. R. Co., 

 Ibid. 183. 



"* McNally v. Lancashire & Y. R. Co., 8 L. R. Ir. 81. 



