TITLE VII. 

 INJURIES TO ANIMALS BY RAILWAYS. 



CHAPTER I. 



LIABILITY IRRESPECTIVE OF FENCING LAWS. 



131. General liability; negligence; 134. Animals running at large; con- 



cause of injury. tributory negligence. 



132. Duties of trainmen; rate of 135. Notice; action; parties; plead- 



speed; signals. ing. 



133. Liability for frightening ani- 136. Evidence. 



mals. 137- Damages. 



131. General Liability; Negligence; Cause of Injury — With 

 regard to the class of liabilities we are now about to consider, 

 it was said in a leading text-book on the Law of Railways :- 

 "The decisions upon the subject of injuries to domestic ani- 

 mals by railways are very numerous, but may be reduced to 

 comparatively few principles." ^ It will be unnecessary to~ 

 enter into the details of all these cases to as full an extent as 

 has hitherto been done in this work. Most of them have 

 been decided on a particular state of facts and to attempt to- 

 sum up all such facts would result in an array of material 

 that could be only confusing. Accordingly, the principles 

 of decision in the important cases will be stated as concisely 

 as possible. 



The natural division into which the cases fall is that arising; 



• I Redf. Rys., 6th ed., 183. 

 576 



