RESTRICTION OP LIABILITY. 477 



negligence, if he ships his horse in a box-car the doors of 

 which are fastened only from the outside, and is inside with 

 the horse, he has a right to expect the conductor will close 

 the door before starting: otherwise, the company will be lia- 

 ble for the consequences.*^ A clause in a bill of lading of 

 cattle by which the shipper assumes all risk of the fittings, is 

 void as against public policy, in so far as it relates to the de- 

 fective condition of fittings through the negligence of em- 

 ployees, unknown to the shipper, as a result of which they 

 gave way in an ordinary gale and some of the cattle were 

 killed.*^ 



In New York the company may exempt itself from liability 

 by reason of the insecurity of the cars.®^ And in an English 

 case where the company issued tickets for the transportation 

 of cattle, subject to the owner taking all risks and the com- 

 pany not being responsible for any injury, and the cattle were 

 frightened and escaped from the truck owing to its being de- 

 fectively constructed, it was held that the company were pro- 

 tected from liability by the terms of the ticket, as they 

 excluded the implied stipulation that the truck was fit for 

 the purpose for which it was to be used.** 



The reasonableness of the alternative of a reduced rate with 

 restricted liability or of a higher rate with ordinary liability 

 is for the court, not for the jury to decide.** The stipulation 

 limiting liability for an animal is waived where the carrier 

 in adjusting damages resulting from its negligence agrees 

 to take the injured property and pay the shipper a larger 

 sum than that named in the limitation.*® But where the 

 owner is to take all risks, proof that the company had been in 

 the habit of conveying cattle for him without his presence on 



" Lavoie v. Reg., 3 Can. Exch. 96. 



'' The Iowa, 50 Fed. Rep. 561. 



™ Wilson V. N. Y. Cent. & H. R. R. Co., 97 N. Y. 87. 



" Chippendale v. Lancashire & Y. R. Co., 21 L. J. Q. B. 22. 



•• Sheridan v. Midland G. W. R. Co., 24 L. R. Ir. 146. 



" Chic. & East. III. R. Co. v. Katzenbach, 118 Ind. 174. 



