CARRYING HORSES. 



27£ 



trucks, and the groom told them of the danger of an 

 accident arising from a wide space between the flap and the 

 body of the horse-box, and how at Wadhurst it had been 

 stopped up for the horses to be put in. They accordingly 

 tried to stop it up with straw, while the groom kept the 

 horses quiet inside. When done they said " all right," 

 and he then led out a mare, her foal following. The 

 latter put its foot through the opening and broke its leg. 

 It was held that the company were bound to provide a 

 truck reasonably fit for the conveyance of the plaintiff's 

 horses, and there was evidence that this was unfit, and that 

 the defendants had adopted it from the other company at 

 Guildford, and, by sending it on to Farnham, became liable 

 for an accident caused by its defects. 



The Eegulation of Railways Act, 1868 (31 & 32 Vict. 

 c. 119), Part II., sect. 14, provides that where a company, 

 by through booking, contracts to carry any animals, luggage, 

 or goods from place to place, partly by railway and partly 

 by sea, or partly by canal and partly by sea, a condition 

 exempting the company from liability for any loss or 

 damage which may arise during the carriage of such 

 animals, &c. by sea, from the act of God, the king's enemies, 

 fire, accidents from machinery, boilers and steam, and all 

 and every other dangers and accidents of the seas, rivers 

 and navigations, of whatever nature and kind soever, shall, 

 if published in a conspicuous manner in the oflB.ce where 

 such through booking is effected, and if printed in a legible 

 manner on the receipt or freight note which the company 

 gives for such animals, &c., be valid as part of the contract 

 between the consignor of such animals, &c., and the 

 company, in the same manner as if the company had signed 

 and dehvered to the consignor a bill of lading containing 

 such condition. For the purpose of this section, the word 

 " company " includes the owners, lessees or managers of 

 any canal or other inland navigation. 



Section 16 of the same Act contains provisions for secur- 

 ing equality of treatment in respect of tolls where a railway 

 company is authorized to work steam vessels in connection 

 with their lines. 



By section 17, " where any charge shall have been made 

 by a company in respect of the conveyance of goods over 

 their railway, on application in writing within one week 

 after payment of the said charge made to the secretary of 

 the company by the person by whom or on whose account 

 the same has been paid, the company shall within fourteen 



Through car- 

 riage, partly 

 by railway 

 and partly hy 

 sea. Eegula- 

 tion of Rail- 

 ways Act, 

 1868. 



Company to 

 furnish par- 

 ticulars of 

 charges. 



