INDEX. 587 



CARRYING HORSES— coTJtidKed. 

 duty of common carriers, 249 

 bound to carry within reasonable time, id. 

 and to deliver safely, id. 

 exceptions, 250 

 meaning of " act of God," id. 

 rule as to inherent vice, id- 

 Blower v. Great Western liailway Company, id. 

 proof of, 251, 252 



where each party gives evidence, 252 

 upon what burthen of proof depends, id. 

 rule applies to common carriers by sea, 253 

 proof in action for negligence, id. 

 when carrier may refuse to carry animals, id. 

 onus of proof of non-liability, 254 

 must carry for reasonable charges, id. 

 defects in carriages, id. 

 a special contract to carry, id. 

 binding at common law, id. 

 hardship thus occasioned, 255 

 remedy 17 &i 18 Vict. c. 31, id. 

 provisions of section 7, id. 



company to be liable notwithstanding notices, id. 

 conditions must be reasonable, id. 

 limitation of liability, id. 

 special contract must be signed, 256 

 application of section 7, id. 

 construction of section 7 , id. 



Peek V. North Staffordshire Railway Company, id. 

 general notices invalid, 257 

 condition limiting liability, id. 

 " condition " and " special contract " synonymous terms, 



258 

 special contract binding on company without signature, id. 

 effect of signature by agent, id. 

 as to reasonableness Court to decide, 259 

 general effect of these decisions, id. 

 what conditions just and reasonable, and what not, id. 

 " to be free from all risks " — cattle suffocated, 259, 260 

 " to be free from all risks of conveyance " — unsound truck, 



260 

 owner's risk at lower rate, 261 

 condition as to time within which loss should be declared, 



id. 

 as to loss of market coupled with " injury " to cattle, 261, 



262 

 condition as to value coupled with unreasonable rate, 263, 



264 

 where value untruly declared, 264 

 condition as to general non-liability, 265 

 as to non-liability beyond their own limits, 266 

 if part of special contract is reasonable, such part may 



be relied on, id. 

 alternative rates, 266, 267 

 what is wilful misconduct, 267 



plamtiffi must prove more than culpable negligence, id. 



