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- POOR LAW GUARDIANS, ABERYSTWYTH.

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POTTS v. CAMBRIAM RAILWAY…

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POTTS v. CAMBRIAM RAILWAY COMPANY. This case came before the Court of Exchequer last week. The action was brought by a drover of cattle* for injury sustained by him while travelling on the defendants' railway; and at the trial, before Mr. Justice Keating, at Shrewsbury, a verdict was re- turned for the plaintiff, with a certain amount of damages. Mr. Gray, Q.C., now showed cause against a rule which had been obtained to set aside the verdict and enter a nonsuit. The plaintitf rode in a truck, with the cattle of which he had charge, and, a collision having taken place, he was injured. There was a condition on the ticket issued by the company for the conveyance of the cattle, to the effect that the owner or drover should be at liberty to ride in the truck with the stock, free of charge but the company would not be liable for any accident he might sustain arising from any cause whatever. The learned counsel said the 7th section of the I ilh and ISth Vict., c. 31, pro- vided that a railway should be liable for the loss of, or injury done to. any horse, cattle, or other animals, notwithstanding any condition they might make limit- ing their liability but he submitted that, unless he could call a man an "animal" within the meaning of the act, this provision would not avail them. At common law, he could not contend that a railway company, or common carriers, might not make a contract to carry a person for nothing, provided he did not claim anything if he were injured. If, however, the matter appeared to their lordships in a different light, he should be glad. (Laughter.) '1 he Lord Chief Baron-Clearly the contract is not one under the statute quoted, but a contract at com- mon law. Mr. Gray—I am afraid that is so, and if your lord- ships think that the company could make such a condition at common law, I cannot say the plaintiff can maintain the verdict. The Lord Chief Baron—The rule must be made absolute. Mr. Baron Pigott said the plaintiff made his own bargain—that was, to ride five in the waggon, and run all risk of the consequences—and he, therefore, could not now come upon the company. Hule absolute.—London paper.

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