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Odger's English Common Law

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passengers' luggage. 655<br />

however important may be the appointment which he has to<br />

keep. 1<br />

Railway companies usually guard themselves by conditions<br />

against liability for any inconvenience caused to a passenger,<br />

by failure to provide sufficient seating accommodation. But,<br />

apart from such conditions a passenger can always demand<br />

to be carried. That the compartment is overcrowded may<br />

be evidence of negligence ; and the company is liable for the<br />

reasonable and probable consequences of such overcrowding. 2<br />

The company is also liable for injuries caused to a pas-<br />

senger in alighting at his destination, when an invitation to<br />

alight has been given by one of the company's servants. But<br />

the mere fact that the train stops is not such an invitation ;<br />

it would be otherwise if the train stopped and a porter called,<br />

out the name of the station.<br />

Innumerable conditions are attached to the issue of cheap<br />

tickets ; and these are often strictly enforced. Thus, if a<br />

man takes a cheap ticket from A. to B., he is not entitled to<br />

travel beyond B. to C, and there to give up his ticket and<br />

pay the fare from B. to C. He has to pay the difference<br />

between the two fares A. to C. and A. to B. 3<br />

Again, if lie<br />

takes a ticket from L. to M., he cannot travel from L. to X.<br />

with that ticket, although the fares for the two journeys are<br />

the same. 4 Nor is he entitled to break his journey at any<br />

place en route, unless he has leave to do so. s<br />

passengers' luggage.<br />

A railway company is, as we have seen, a common carrier<br />

of goods over land so far as its ordinary goods traffic is<br />

concerned. It is also a common carrier in respect of a<br />

passenger's personal luggage. It is often said that railway<br />

companies carry a certain amount of passenger's luggage free.<br />

i Le Blanche v. L. $ N. W. By. Co. (1876), 1 C. P. D. 286 and ; see Hick v.<br />

Timnnnnd ri8911 2 Q. B. 626, affirmed in the House of Lords, [1893J A. C. 22 Suns<br />

;<br />

T&\y.<br />

Midland Ry. Co., [1913] 1 K. B. 103.<br />

2 Cobb v G. W. By. Co., [1894] A. C. 194.<br />

» 6. N. Ry- Co. v. Palmer, [1898J 1 Q. B. 162 ; cf. Clarke v. West Ham Corp., [1909]<br />

•> K B K58.<br />

"<br />

i G W By. Co. v. Pocock (1879), 41 L. T. 415.<br />

« AsMonY Lanes. # Torks. By. Co., [1904] 2 K. B. 313 ; L. # N. W. By. Co. v.-<br />

Hinchclife, [1903] 2 K. B. 32.

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