3 o8 



Board of Trade Railway Conference, [july, 



owner's risk in merchandise trains, after the words " wilful miscon- 

 duct of the Company's servants," viz. : — 



But nothing in this agreement shall exempt the Company from any 

 liability they would otherwise incur in the following cases of non- 

 delivery, pilferage or mis-delivery except on proof that such non-delivery, 

 pilferage or mis-delivery has not been caused by negligence or miscon- 

 duct on the part of the Company or their servants. 



1. Non-delivery of any package or consignment fully and properly 

 addressed, unless such non-delivery is due to fire or accidents to trains. 



2. Pilferage from packages of goods protected otherwise than by 

 paper or other packing readily removable by hand, provided the 

 pilferage is pointed out to a servant of the Company on or before 

 delivery. 



3. Mis-delivery where goods fully and properly addressed are not 

 tendered to the consignee within twenty-eight days after despatch. 



II. — Perishable Merchandise carried in Passenger Trains (other than 

 Milk in Cans). — The following addition to be embodied in the con- 

 signment note for perishable and other merchandise (other than milk in 

 cans), carried at owner's risk in passenger trains, after the words 

 " wilful misconduct of the Company's servants," viz. : — 



But nothing in this agreement shall exempt the Company in the case 

 of perishable merchandise as defined by the Railway Rates and Charges 

 Order Confirmation Acts, 1891-92 (other than milk in cans), from any 

 liability they would otherwise incur in the following cases of non- 

 delivery, pilferage or delay, except on proof that such non-delivery, 

 pilferage or delay has not been caused by negligence or misconduct on 

 the part of the Company or their servants. 



1. Non-delivery of any package or consignment, fully and properly 

 addressed, unless such non-delivery is due to fire or accidents to trains. 



2. Pilferage from packages of goods protected otherwise than by 

 paper or other packing readily removable by hand, provided the 

 pilferage is pointed out to a servant of the Company on or before 

 delivery. 



3. Delay in transit exceeding forty-eight hours of any package or 

 consignment, fully and properly addressed, as a result of which the 

 value of the goods is deteriorated to the extent of three-fourths, if such 

 deterioration is pointed out to a servant of the Company on or before 

 delivery. Provided that in such case the Company's liability shall not 

 exceed one-half the diminution in value of the goods. 



III. — Milk in Cans carried in Passenger Trains. — The following 

 modification to be embodied in the conditions of carriage for milk in 

 cans carried at owner's risk by passenger train, viz. : — 



Except in the case of milk carried oversea nothing in this agreement 

 shall exempt the Company from any liability they would otherwise incur 

 in the following cases of loss or delay, except on proof that such loss or 

 delay has not been caused by negligence or misconduct on the part of 

 the Company or their servants. 



1. Loss of milk through non-arrival at the station to which it was 

 consigned of a can fully and properly addressed, unless such non-arrival 

 is due to fire or accidents to trains. 



2. Delay in transit exceeding twenty-four hours to the station to which 



