A Treatise On the Law of Carriers of Goods And Passengers, By Land And Water

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Hughes V. Great Western R. 14 C. B. 637. Slim v. Great Northern R. 14 C. B. 647. Chippendale v. Lancashire R. 21 Law J. (N. S.) Q. B. 22.
Austin V. Manchester R. 16 Q. B. 600. Shaw v. York R. 13 Q. B. 347.
264 LAW OP CARRIERS. [CHAP. VII.
of common carriers, where there is no notice ; * for, primd fade, the burden of proof is on a common carrier to exempt himself from liability.^ § 277. The question was presented by the pleadings for decision in Hinton v. Dibbin,^ whether, since the passing of
...the act of 11 Geo. IV. & 1 Wm. IV.,* a carrier is liable for the loss of goods therein specified, by reason of gross negligence ; and the decision of the Court of Queen's Bench was, that under the act, if a parcel containing any of the valuable goods enumerated in Sect. 1 be sent to a carrier for conveyance without a declaration of the na- ture and value of such goods, and without paying, or engaging to pay, an increased charge, according to Sect. 2, the carrier is not liable for their loss, though it happens by the gross negligence of his servants.

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