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Liability in case of through booking by rail and boat

Railways Act 1905

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—(1) When a railway administration contracts to carry passengers, animals, luggage or goods partly by railway and partly by sea, a condition exempting the railway administration from responsibility for any loss of life, personal injury, or loss of or damage to animals, luggage or goods which happens during the carriage by sea from the act of God, the State’s enemies, fire, accidents from machinery, boilers and steam, and all and every other dangers and accidents of the seas, rivers and navigation of whatsoever nature and kind shall, without being expressed, be deemed to be part of the contract.(2) Subject to the condition contained in subsection (1), the railway administration shall, irrespective of the nationality or ownership of the ship used for the carriage by sea, be responsible for any loss of life, personal injury, or loss of or damage to animals, luggage or goods which, without its actual fault or privity, happens during the carriage by sea, whether from improper navigation or management of the ship or otherwise, to the following extent only:(a)in respect of loss of life or personal injury to any passenger, either alone or together with loss of or damage to animals, luggage or goods, the railway administration shall not be liable to damages beyond an aggregate amount not exceeding $125 for each ton of the vessel used for the carriage by sea;(b)in respect of loss of or damage to any animals, luggage or goods, whether there is in addition loss of life or personal injury or not, the railway administration shall not be liable to damages beyond an aggregate amount not exceeding $60 for each ton of the vessel for the carriage by sea.(3) For the purposes of this section, the tonnage of a steam vessel shall be her gross tonnage, and the tonnage of a sailing vessel shall be her registered tonnage.(4) The limitation of liability under this section shall relate to the whole of any losses or damages which arise upon any one distinct occasion, although such losses or damages are sustained by more than one person.(5) The burden of proving that any such loss, injury or damage as is mentioned in subsection (1) happened during the carriage by sea shall be upon the railway administration.

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