Odger's English Common Law

658 TORTS ARISING OUT OF CONTRACTS.
before the expiration of a reasonable time allowed for such
purpose. 1
Where, moreover, the company is in the habit
of delivering a passenger's luggage at the end of a
journey in a particular manner with a view to his conveni-
ence—as by employing porters to carry it across the platform
to the cab rank—the company's liability as carriers will con-
tinue until the porters have so discharged their duty, unless
there be proof either of an agreement by the plaintiff to accept
a delivery of his luggage short of the ordinary delivery, or that
the porter was deputed or specially employed by the plaintiff
to convey the luggage to some place outside the company's
premises. 2
In any such case, however, some evidence of the
non-performance of the defendant's contract must be given
by the plaintiff, so as to shift the burden of proof.
1 Patscheider v. G. W. Ry. Co. (1878), 3 Ex. D. 153, 156 ; distinguished in
Hodkinson v. L. $ N. W. Ry. Co. (1884), 14 Q. B. D. 228.
8 Richards v. L. B. % S. C. Ry. Co. (1849), 7 C. B. 839 ; Butcher v. L. » 8. W.
Ry. Co. (1855), 16 C. B. 13 ; Kent v. Midland Ry. Co. (1874), L. R. 10 Q. B. 1.
END OF VOL. I.