Railways Act 1905 · 2020 Revised Edition · Part 7 · Responsibility of Railway Administration as Carriers
43. Burden of proof in respect of loss of animals or goods
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Subject to any agreement in writing to the contrary, in any suit against a railway administration for compensation for loss, destruction or deterioration of animals or goods or passengers’ luggage delivered to the railway administration for carriage by railway, it shall not be necessary for the claimant to prove how the loss, destruction or deterioration was caused.
railway administration
“railway administration”, in the case of a railway administered by the Government or the government of Malaysia, means the manager and includes the Government and also, so long as the railway is in the course of construction, the resident engineer, and, in the case of a railway administered by a railway company, means the railway company;
In every such proceedings the burden of proving the value of the animals or goods or passengers’ luggage, and, where the same have been injured, the extent of the injury, shall lie upon the person claiming the compensation.