Viscount Haldane:—

The question raised in this appeal relates to the right of the respondent, who was plaintiff in an action in the High Court of Justice for Ontario, to recover damages against the appellants for injuries suffered by him in an accident on the appellants' railway. He was travelling in charge of a horse consigned under what is known as a "Live-stock special contract," in a form authorised by the Railway Commissioners for Canada. The terms of the contract purported to relieve the appellants from liability for injuries arising from accident, even where caused by negligence, to a person travelling with the live-stock, in case he had been permitted to travel at less than full fare.

The course of the litigation disclosed much difference of judicial opinion. The Court of first instance decided in favour of the respondent. The Court of Appeal for Ontario by a majority (Garrow, Maclaren and Meridith, J. J. A.) reversed this decision, Magee and Lennox, J.J.A., dissenting. There was an appeal to the Supreme Court of Canada, and in that Court, by a majority (Davies, Idington, Duff, Anglin, and Brodeur, JJ., the Chief Justice dissenting), the judgment of the Court of Appeal for On