272 CARRYING HORSES. 



and interchange of stock at junctions, the stock of the two 

 companies being treated as one stock. The agreement 

 provided for the division of the traffic. The plaintiff, 

 wishing to send a cow from Doncaster to Sheffield, went 

 to the station of the Great Northern Railway Company at 

 Doncaster and booked her for Sheffield by the Manchester 

 line. He signed a contract, by which it was agreed that 

 the cow was to be conveyed upon certain conditions, one 

 of which was as follows : — " The Great Northern Eailway 

 Company gives notice that they convey horses, cattle, 

 sheep, pigs and other live stock in waggons, subject to the 

 following condition : That they will not be responsible for 

 any loss or injury to any horse, cattle, sheep, or other 

 animal, in the receiving, forwarding or delivering, if such 

 damage be occasioned by the kicking, plunging, or restive- 

 ness of the animal." The cow was put into a truck 

 belonging to the Manchester Railway Company, and was 

 conveyed to Sheffield, where their servant, who was in 

 charge of the yard or loading place, let her out of the 

 truck, although he was cautioned by the plaintiff not to 

 do so at that time. The cow rushed out of the truck, and, 

 after running about the yard, got upon the line and was 

 killed. It was held that the Great Northern Railway 

 Company was the agent of the Manchester Railway 

 Company to make the contract for the carriage of the 

 cow, and that, as the Manchester Railway was not pro- 

 tected by the condition above set out, an action was maiu- 

 tainable against them. 

 Comiev. ton- In Comhe V. London and South Western Railway Co. (q), 

 'weZffsdii. ^^^ plaintiff sent off some horses from Wadhurst, a station 

 Co. on one company's line, in horse boxes belonging to that 



company in charge of a groom, who was to take them to 

 Farnham, a station on the defendants' line. At Guildford 

 was the junction with the defendants' railway, where it 

 was necessary to book again, and whence there are two 

 routes to Farnham. The groom, on going to take tickets, 

 was told, in answer to his inquiries, that the train direct to 

 Farnham did not go for some hours, but that by paying 

 a little higher fare, he could go on by a train which was 

 about to start immediately, and went round a longer way. 

 He said he would go on at once, and he and the horses 

 proceeded in the same trucks in which they had come from 

 Wadhurst. At Farnham two porters came to unload the 



{q) 31 L. T., N. S. 613. 



