522 CARRIEES OF ANIMALS. 



It was held in Texas that the plaintiff cannot recover,, 

 where cattle are killed in transit, the freight paid, in addition 

 to their value at the place of destination.^^^ But in a Federal 

 case it was held that damages for cattle lost at sea through 

 the negligence of the ship include the freight paid in advance 

 and the pro rata premiums of insurance. ^^* Where, however, 

 the shippers of cattle signed a general contract stipulating 

 that freight was payable thereon on the number shipped,, 

 whether delivered alive or not delivered at all, and was pay- 

 able in Liverpool on the arrival of the vessel and that freight 

 should be paid by the consignees, it was held that, upon the 

 loss of the vessel and cattle before arrival, the shippers were 

 liable for the full amount of the freight.^'^^ 



Live animals such as horses and cattle are "goods" within 

 the meaning of a statute providing that where goods are car- 

 ried on deck all dues payable on the ship's tonnage should 

 be payable as if there were added to the registered tonnage 

 the tonnage of the space occupied by such goods. And irt 

 computing such tonnage, the measurement is to include only 

 the space occupied by the animals themselves, fair allowance 

 being made for their free bodily movements, and is not to in- 

 clude the sheds or pens in which they are confined.^^*' 



cumstances the shipper would have a lien on the vessel for such damages-. 

 Ibid. 



™ Gulf, C. & S. F. R. Co. V. Kemp. (Tex. Civ. App.), 30 S. W. Rep. 

 714^; Galveston, H. & S. A. R. Co. v. Kelley (Tex. Civ. App.), 26 id. 470. 



'" Brauer v. Compania de Navign. La Flecha, 61 Fed. Rep. 860, affirmed. 

 in Same v. Same, 35 U. S. App. 44 and Compania de Navign. La Flecha v.- 

 Brauer, 168 U. S. 104. 



°" The Queensmore, 53 Fed. Rep. 1022. 



"•Richmond Hill Steamship Co. v. Trinity House Corpn., [1806! i O 

 B. 493; [1896] 2 Q. B. 134. i^ . I °y J w- 



