274 



CARRYING HORSES. 



Carriage in 

 vessel not 

 ■belonging to 

 company. 



Regulation of 

 Railways Act, 

 1871. 



days render an account to the person so applying for the 

 same, distinguishing how much of the said charge is for 

 the conveyance of the said goods on the railway, including 

 therein tolls for the use of the railway, for the use of 

 carriages, and for locomotive power, and how much of such 

 charge is for loading and unloading, covering, collection, 

 delivery, and for other expenses : but without particulariz- 

 ing the several items of which the last-mentioned portion of 

 the charge may consist." 



By section 18, " where two railways are worked by one 

 company, then, in the calculation of tolls and charges for 

 any distances in respect of traffic (whether passengers, 

 animals, goods, carriages, or vehicles) conveyed on both 

 railways, the distances traversed shall be reckoned con- 

 tinuously on such railways, as if they were one railway." 



The Regulation of Railways Act, 1871 (34 & 35 Vict. 

 c. 78), section 12, enacts that " where a railway company 

 under a contract for carrying persons, animals, or goods by 

 sea procure the same to be carried in a vessel not belonging 

 to the railway company, the railway company shall be 

 answerable in damages in respect of loss of life or personal 

 injury, or in respect of loss or damage to animals or goods, 

 iu like manner and to the same amount as the railway 

 company would be answerable if the vessel had belonged to 

 the railway company ; provided that such loss of Hfe or 

 personal injury, or loss or damage to animals or goods, 

 happens to the person, animals, or goods (as the case may 

 be) during the carriage of the same in such vessel, the proof 

 to the contrary to lie upon the railway company." 



This section extended the provisions of the 31 & 32 Yict. 

 c. 119, s. 16, ante, p. 273, to the carriage of goods which 

 a railway company contracted to carry in ships not 

 belonging to them ; and as the second paragraph of that 

 enactment incorporated the whole of the Railway and 

 Canal Traffic Act, 1854, it was held that a condition made 

 by a railway company limiting their liability in respect of 

 animals procured to be carried by them by sea in vessels 

 not belonging to them, was not binding on the consignor 

 unless reasonable (r). But this provision was repealed by 

 section 59 of the Railway and Canal Traffic Act, 1888 

 (51 & 52 Vict. c. 25) and section 28 of the same Act 

 specifically applied to sea traffic the prohibition of undue 



(i) Doolan 

 317. 



V. Midland Rail. Co., 2 App. Cas. 792 ; 34 L. T., N. S. 



