Page:Railways Act 1921 (ukpga 19210055 en).pdf/48

[Ch. 55.] so arising unless it be proved that the injury or damage is due to the wilful misconduct of the company's servants, but, subject as aforesaid, the provisions of this Part of this Act as to ordinary rates and owner's risk rates shall apply.

(3) Any question as to whether goods are dangerous goods shall be determined by the rates tribunal:

Provided that, where a railway company has declared any article to be dangerous, it shall lie on the person requiring the article to be carried to show that it is not dangerous.

Charges on jointly, owned lines.

51. Where a railway is owned jointly by two or more railway companies (being amalgamated companies or railway companies to, which a schedule of standard charges has been applied) then, for the purposes of this Part of this Act—

(a) if the route lies wholly on the railway of one of the owning companies and the jointly "owned railway, the charges shall be the charges which would have been chargeable if the whole route had been over the railway of that owning company; and

(b) in any other case, the charges in respect of the jointly owned railway shall be the charges appearing in the schedule of charges applied to,

Charges for competitive traffic

52.—(1) Where any two places are connected by routes belonging to or operated by two or more railway companies (being amalgamated companies or railway companies to which a schedule of standard charges has been applied) and the standard rate for the carriage of merchandise by one such route is less than the standard rate by another such route, the standard rate for the carriage of merchandise by, the first mentioned route may, subject to the provisions of this section as to circuitous routes, be charged as the standard rate for the carriage of merchandise by such other route.

(2) For the purposes of this section, a circuitous route means a route which is longer by thirty per cent or more than the shortest route, between the two places.

(3) Within six months after the date of amalgamation or such longer time as the Minister may allow every 44