Fox v London, Midland & Scottish Railway Company Ltd

• Jurisdiction: Ireland
• Court: Supreme Court (Irish Free State)
• Judgment Date: 01 January 1926
• Docket Number: (1924. No. 10223.)
• Date: 01 January 1926

S. C.,

Fox

and

London, Midland, and Scottish Railway Co

Conditions limiting liability - Reasonableness - Express statutory limitation of liability - Injury to valuable horse - Declaration of value by sender -Unauthorised declaration by servant - Declaration not made with the intention of forming a contract - Rates for carriage of live stock - Negligence -Railway and Canal Traffic Act, 1854 (17 18 Vict., c. 31), s. 7.

A railway company made conditions limiting their liability for loss of or damage to any live stock delivered to them for transit beyond the value —in the case of horses —of £50, unless a higher value was declared in writing at the time of delivery, and a percentage of 1¹/₄ per cent. paid on the value, so declared, in excess of the above-named sum. A race horse, exceeding £50 in value, was delivered to the...