Subtitle: Including the Indian Railways Act, 1890, and the Relevant Portions of the Contracts Between Government and the Companies General Books publication date: 2009 Original publication date: 1891 Original Publisher: Reeves and Turner Subjects: Railroad law Notes: This is a black and white OCR reprint of the original. It has no illustrations and there may be typos or missing text. When you buy the General Books edition of this book you get free trial access to Million-Books.com where you can select from more than a million books for free. Excerpt: Part II, THE LAW OP CARRIERS APPLICABLE TO INDIAN RAILWAYS. The English common law, so far as it is not English modified by any Indian enactment, regulates the as modified by -, -, .,.,.. . Indian enact- duties and responsibilities 01 a common earner in ments applies T T / to common India (a). carriers in T A ‘ The question of the liability of railway com- Are common panics as common carriers for loss or damage to goods, in the absence of special contract, where insurersf such loss or damage was not occasioned by the negligence or misconduct of the companies or their servants was, previously at any rate to the Indian Contract Act, left untouched by legislation ; and if it had arisen before that Act, would necessarily have been decided by the common law, which would have treated the common carrier as an insurer against all risks, except the act of God or the king’s enemies (i). (a) Per Mitter, J., in Moothora In the case, however, of a Kant Shaw v. Indian General Steam railroad or tramroad constructed Navigation Co., I. L. R. 10 Calo. under the provisions of Act XXII. 166, at p. 188. of 1863, it was enacted, by sect. 7 (b) Kuverji Tulsidass v. G. I. P. of the Carriers Act III. of 1865, Sail. Co., I. L. R. 3 Bomb, at p. that the owner of sueh railroad 116. See I. L. R. 10 Calc. p. 210. or trnmroad shall be liable for the Pabt II. Effect of Indian Contract Act. So far, the High Courts of Calcutta …
