ABSTRACT
Alternatively, the railway may plead a special risk,42 but such a plea will be defeated if, nonetheless, the claimant can prove that the loss or damage was not attributable to the risk.43 In this connection it seems that, taking various provisions together, the railway has a general or residual duty of care in relation to goods carried.44 If these pleas fail, the railway is liable to pay compensation,45 unless the action has been extinguished46 or the limitation period has run.47 If compensation is payable, the amount is limited,48 however, that limit will be lifted to the extent of a declaration of special interest in delivery49 or if the claimant can prove that the loss, damage or delay was caused by wilful misconduct or gross negligence on the part of the railway.50
