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Entered according to Act of the Parliament of Canada, in the year one

thousand nine hundred and one, by THE CARSWELL Co. Limited, in the office of the Minister of Agriculture.

MAR 24 1969

Τ Η Ε

CANADIAN LAW TIMES.

JANUARY, 1900.

THE CONTRACTS OF RAILWAY COMPANIES

LIMITING LIABILITY.

MHE question calling for consideration in the present

1 article is the difficult one of the extent of a railway company's liability as carrier of passengers and goods, in view of the provisions of the Railway Acts of Ontario and Canada which say that a railway company shall not be relieved by any notice, condition, or declaration, if the damage arises from negligence or omission of the company or its servants.

In order to discuss this subject intelligently, it will be necessary to take a short review of the history of the law affecting carriers, before its enactment, and to refer to corresponding but not identical English provisions which govern cases frequently cited in our Courts.

The law affecting carriers has always been in an anomalous condition, as their liabilities for many years were not governed only by the terms of a contract or by the general law of negligence where no agreement exists, but by certain peculiar and stringent rules enunciated two centuries ago. Its history best summed up by Sir John Beverley Robinson in Ham v.

Pherson (a), where he says: “ It seems to have been at first a general principle of common law applying to the case of common carriers, as well as to bailees for hire, that they were to take reasonable care of the goods intrusted to them, and were to be liable only for losses arising from their neglect;

(a) 6 0. 8. &t p. 363

VOL. XX. C.L.T.

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