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ERRATA, &c.

For Great Northern," third line of page 17, read Great Western. For "North Eastern," in 18th line of page 23, read Eastern Counties. After 10th line on page 13, add" See remarks, page 44 post."

A TREATISE, &c.

CHAPTER I.

GENERAL RESPONSIBILITY OF CARRIERS,

General liability as

beyond

terminus

Railway Companies who act as Carriers, and have not legally limited their responsibility, are to be treated as common Carriers in respect of Carriers. the goods they profess to carry upon their line, and (in the absence of some contract limiting liability) impliedly insure their safe delivery and conveyance to the consignee, unless destroyed or damaged by the act of God or the King's enemies. This liability extends not merely over their own line of Railway, but if they take goods to convey Liability to parties distant from their own terminus delivering them to other Carriers or Railway Companies to be forwarded, the receiving Company is liable for the whole distance, even if the loss or injury do not happen upon their own line of Railway, (Muschamp v. Lancaster and Preston Junction R. C. 10 L J. Exch, 460, 8 Mee. and W. 421; Watson v. Ambergate &c. R. C. 15 Jur. 448; Crouch v. London and North Western R. C. 23 Law J. C. P. 73, 14 C. B, 259; Scotthom v. South Staffordshire R. C. 22 Law J. Rep. Exch. 121. Where the Carrier by special

B

of Line.

Cannot demand unreasona ble terms.

have

contract expressly engages to carry to the terminus of his own line only, and there to transfer the goods to an ulterior Carrier, the first Carrier will not be answerable for what happens to the goods whilst in the hands of the ulterior Carrier. (Fowles v, Great Western R. C. 22 Law J. Rep. 76 Exch.; Collins v. Bristol and Exeter R. C. 26 Law J. Rep, Exch. 103, 11 Exch. Rep. 797). The Company cannot force an unreasonable special contract on the employer, but must receive and carry such goods as they are empowered to carry, profess to take, or are in the habit of carrying, and reasonable accommodation for; treating all persons (cæteris paribus) upon the same terms and at the same rate. (Parker v. Great Western R. C. 7 Man. and G. 253, 292; Edwards v. Great Western R. C. 11 C. B, 588; 17 and 18 Vic. c. 31, s. 2; Mac Andrew v, Electric Telegraph Co. 17 Com. B, 11; Crouch v, London and North Western R. C, ante). And this duty extends to the safe delivery to the consignee or his agent. It is sufficient prima facie evidence of non-delivery to shew that the goods have not reached the consignee (Gilbert v. Dale, 5 Ad. and E. 543); and proof that the weight or amount of goods delivered to the consignee is less than the amount or weight of goods delivered to a Carrier is sufficient prima facie evidence to charge the latter for the deficiency, or to call upon him to shew that it did not arise from his negligence (Hawkes v. Smith, C. and M. 72).

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