A Treatise On the Law of Inland Carriers

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(«) Cf. 15 & 16 Vict. C. 76, ss, 34^—40.
216 ACTIONS AGAINST AND BY CARRIERS.
delivering or not keeping goods safe, or not returning them on request, such plea will operate as a denial of any express or implied contract to the effect alleged in the declaration, but not of the breach. " The 16th rule declares that, " In actions for torts the plea of not guilty shall operate as a denial only of the breach of duty, or wrongful act alleged to have been committed by the defendant, and not of the fac
...ts stated in the inducement ; and no other defence than such denial shall be admissible under that plea ; all other pleas in denial shall take issue on some particular matter of fact alleged in the declaration ; ex. Gr. : — " In actions against a carrier, the plea of not guilty will operate as a denial of the loss or damage, but not of the receipt of the goods by the defendant as a carrier for hire, or of the purpose for which they were received. " This rule, therefore, corresponds with the decision in Webb v.

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