§ Order of the Day for receiving the Report of the Amendments read.
§ Discussion arising on some details of the Bill, on the Motion of the Earl of DERBY,
§ Order of the Day discharged.
§ Then it was moved, That the Bill be recommitted to a Committee of the whole House instanter; On Question, agreed to.
§ House in Committee (on Recommitment) accordingly.
§ Amendments made.
§ Clause 7.
§ THE EARL OF DERBY
thought that as the clause now stood, the public would be placed in a worse position than under the present law, by which a railway company, through whose negligence a horse or other animal might be killed, was liable for its full value. He admitted that it was unreasonable to require railways to carry horses worth 300l. or 400l., or 3,000l. or 4,000l., at the ordinary rates, and make them liable for the full value of the animals. He considered, however, that the maximum fixed by the clause of 30l., beyond which special insurance must be paid, was too low. He had suggested to the noble Lord (Lord Stanley of Alder- 1162 ley) that 50l. should be made the maximum, but he believed that 70l. or 80l. would be a fairer amount.
§ LORD STANLEY OF ALDERLEY
was willing to insert 50l. instead of 30l. He also proposed to leave out the last provision of the clause, relating to packages, parcels, &c., in respect to which the railway companies would be governed by the Carriers' Act.
§ THE EARL OF HARROWBY
thought there should be a limit to the liability of railways in respect to injuries sustained by passengers. Some average amount should be fixed, beyond which the companies ought not to be called on.
§ THE EARL OF DERBY
thought that, however easy it might be to ascertain the average value of horses or cattle, it was not so easy to fix the average value of human life. The subject mentioned by the noble Earl was of importance, but the present was not a fit opportunity for its discussion.
The blanks fixing the maximum valid of horses were filled with 50l.; for cattle, 15l.; and for sheep, 2l. The last provision of the clause, relating to parcels, was struck out, and the clause as altered was agreed to.
Other clauses agreed to; Amendments made: the Report thereof to be received To-morrow.
House adjourned till To-morrow.