South African Railways v Simonowitz [1911] ZATPD 21 (13 March 1911)

Carrier - Railway - Loss and Damage to Goods in Transit - Limitation of Liability - Declaration of Value - Act 13 of 1908, section 30 (1) and Second Schedule - Insurable Articles - Photographs - Measure of Damages for Loss - Loss of Share Certificates

Under Act 13 of 1908, section 30(1) , a declaration of value is required only when the value of the insurable articles in the parcel or package is £10 or more.

Photographs are such insurable articles within the meaning of the second Schedule of the Act only when they can properly be called Works of art.

The measure of damages for the loss of goods in transit is the actual value o.f the goods lost and not their cost price.

Per DE VILLIERS, J.P. :The measure of damages for the loss of share certificates is the amount the owner would have to expend in obtaining the issue of duplicate certificates.