CARRYING HORSES. 277 



control and management of the plaintiff, they were liable for 

 the injury to her in consequence of their culpable negligence 

 in allowing an improper slip to be used (6). 



The damages to be paid will be measured by the value Damages. 

 of the animal, if it be killed, or by the loss on the sale, 

 if it be injured, but in respect of companies under the 

 Railway and Canal Traffic Act (c), within the limit of 

 Damages imposed by that statute, viz., for a horse 50/., 

 neat cattle per head 15/., and for sheep and pigs per 

 head 21., unless at the time of delivery they shall be de- 

 clared to be of higher value than that above mentioned; 

 in which case however they cannot be estimated upon a 

 higher value than that which has been declared by their 

 owner or his agent in the written declaration required by 

 the company, though the declared value is less than the 

 real value {d). 



If horses or cattle are injured on their way to an agricul- Injury must 

 tural show, the chance of obtaining a prize is too remote a i^o* ^^ t°° 

 ground for damages (e). But such expenses as are reason- ^^'^° ^' 

 ably and necessarily incurred by the owner in consequence 

 of unreasonable delay in the delivery of goods, may be 

 recovered against the carrier (/) . 



In order to recover damages for non-sale, owing to delay 

 in carrying, there must have been an actual contract to buy 

 for a price (17). 



A railway company having failed to provide horse-boxes, Failing to pro- 

 pursuant to contract, for the conveyance of horses for sale "Q^^ l'°'^^<'- 

 by auction in Dublin on the day but one following, the horses to be 

 owner was compelled to send them by road, a distance of soldatauc- 

 twenty-four miles, in order that they might arrive in due ^'^°'^- 

 time for the sale, and for previous inspection by purchasers. 

 The horses, which were valuable hunters, were in soft con- 

 dition at the time. They were deteriorated in appearance 

 by the fatigue of the road journey ; one of them was lamed : 

 and such as were sold realized prices below what would 

 have otherwise been obtained, the others being left on the 

 owner's hands. It appeared that if they had been in hard- 

 fed condition, they would have borne the journey without 

 injury. The company's station master was, at the time of 



J., C. 



(i) Willoughby Y. Borndge,11Jj. ham and Boston Rail. Co., 15 Jur. 



, 0. P. 90. 448. 



ic) 17 & 18 Vict. u. 31. (/) Black v. Baxendale, 1 Ex. 



{d) M'Cancew. London and North 410. 



Western Rail. Co., 31 L. J., Ex. 65 ; (g) Hart v. Baxendale, 16 L. T., 



34 L. J., Ex. 39— Ex. Ch. N. S. 390, Martin, B. 



(«) Watson V. Ambergate, Notting- 



