474 CAEKIEES OF ANIMALS. 



ditions that cattle should be conveyed by sea at the owner's 

 sole risk and on land "where the charge of conveyance is 

 per wagon, as owner or his servant is required to superintend 

 loading of stock, and is allowed to place as many animals 

 in the wagon as he considers may be conveyed with safety, 

 the company will not be responsible for loss from overcrowd- 

 ing or injury done in loading and unloading, or in conse- 

 quence of one animal injuring another," — were held unjust 

 and unreasonable.*^ And a contract is unreasonable whereby 

 a company claims immunity from any consequences arising 

 from over-carriage, detention or delay, although a low rate 

 is charged.®^ A condition that a company will not be liable 

 "in any case" for loss or damage to a horse or dog above 

 a certain specified value unless the value is declared, is not 

 just and reasonable as it is unconditional and would protect 

 the company even from the negligence or wilful misconduct 

 of its servants.®^ But a company was held not liable for 

 the negligence of its servants, in a case where the shipper 

 had notice of a higher rate that he might have adopted.®* 

 And a condition that a company would not be liable for dogs 

 beyond a specified value, unless a higher value was declared 

 at the time of delivery and a percentage paid upon the excess 

 of the value so declared was held reasonable.®* 



Returning to the American cases, we shall consider some 



" Corrigan v. Great Northern and Manchester, S. & L. R. Cos., 6 L. R. 

 Ir. go. 



°° Allday v. Great West. R. Co., u Jur. (N. S.) 12. And see Robinson 

 V. Great West. R. Co., H. & R. 97. 



" Ashendon v. London, B. & S. C. R. Co., s Ex. D. 190. 



"" Great West. R. Co. v. McCarthy, 12 App. Cas. 218. 



"Welch V. Great Western R. Co. (Co. Ct. case), 106 L. T. 218. Granger, 

 J., said: "It seems almost impossible that a railway company could carry 

 on its business if it is bound to take dogs at their full value. There is- 

 no end to the value of dogs. If a railway company was not protected 

 in this way, dogs of the value of £100 might be sent without notice to- 

 the company. In practice, as a matter of fact, people always run the 

 risk." 



