Common Carriers Act 1902 (ACT)

In the matter of the Common Carriers Act 1902 (ACT), the dispute revolved around the liability of a common carrier for the loss of goods exceeding a specified monetary value. The legal issues before the court were whether the common carrier was exempt from liability for the loss of goods valued over $20, and if an increased charge for such goods was appropriately demanded and accepted. The court had to determine whether the carrier's public notices could limit their liability and whether they could be held responsible for damages resulting from the negligence or default of their employees. The court examined whether the carrier could be exempt from liability for losses caused by the felonious acts of their employees and if the carrier could be held liable only for the actual damages proved.

The court ruled that a common carrier is not liable for the loss of or injury to certain goods exceeding $20 unless the value and nature of the goods are declared and an increased charge is accepted. The court found that public notices by the carrier could not limit their liability at common law. The court held that the carrier was liable for the loss or injury to animals or goods caused by their neglect or default, and that the carrier could not avoid liability for damages resulting from the felonious acts of their employees. The court also held that the carrier was liable only for the actual damages proved, and not merely the declared value.

The court's decision was that the common carrier was not exempt from liability for the loss of goods exceeding $20 if the necessary declarations and charges were made, public notices could not limit the carrier's liability, and the carrier was liable for damages caused by their employees' negligence or felonious acts. The carrier could only be held liable for the actual damages proved.