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270 resulting from the act of God or the Queen's enemies; and this holds good notwithstanding that there may have been no actual negligence on his part, and that the injury or loss may have been occasioned by the act of a third party. The "Act of God" has been defined as being something in opposition to the act of man, as for example, winds and storms, lightning, earthquake, inundations, or sudden illness or death, the consequences of which could not by any reasonable precautions on the part of the carrier have been prevented. "The Queen's Enemies" means foreign enemies, who are such by open declaration of war; not domestic enemies, as in the case of insurrection or riot, where the carrier, if made liable, would have his remedy in turn against the county.

(8.) The carrier is liable for the loss of goods occasioned by fire while in his possession as a carrier, notwithstanding that the fire may not have originated on his premises, or been caused by his negligence; but if the carrier is merely acting in the capacity of a warehouseman for the owner of the goods, the liability of a common carrier will no longer attach to him.

(9.) A carrier is not liable for losses or damage arising from the ordinary deterioration of goods in quantity or quality during transit, or from their inherent tendency to decay or deteriorate, or from accident occurring to any animal through its own inherent vice.

(10.) At a very early period in the history of railways, viz., in 1830, an Act was passed, which, although at the time intended for the protection of coach proprietors, mail contractors, and other carriers by road, was, by the 89th section of the Railways Clauses Consolidation Act of 1845, extended to railway