Bare Act Search Results

Carriers Act, 1865 Complete Act

State: Central

Year: 1865

.....from responsibility is desirable or was intended. If. however, the word "only" be supplied after "anwerable" in the last line but three of the extract from the Railways Actas printed above, the Section becomes intelligible. It limits the liability of Railways Companies to the consequences of gross negligence or misconduct on the part of their agents or servants but declares that from this liability so limited they shall not be allowed to relieve themselves by any kind of contract. There cannot indeed be much doubt that the intention of the Legislature was to place all Railway Companies in what was once supposed to be the exact position of a carrier who had contracted for himself as favourably as the law of England would permit. It was, in fact. long supposed in England that. while a carrier could by contract relieve himself from most of his liabilities, his power of doing so slopped short of liability for negligence or misconduct. Such is the view of the law taken by Mr.Justice Storey in his "Commentaries on the Law of Bailnients" section 549. and such is under stood to be still the law in America. But a series of decisions in the English Courts overturned the older doctrine,.....