There have been cases where claims have been made and recovered in courts
of law for loss arising from delay in the arrival of trains, but the law
does not render the company’s liability unlimited. A remarkable case
occurred not long since. A Mr. Le Blanche sued the London and
North-Western Company for the cost of a special train to Scarborough,
which he had ordered in consequence of his being brought from Liverpool
to Leeds, too late for the ordinary train from Leeds to Scarborough. A
judgment in the county court was given in favour of the applicant.
The railway company appealed to the superior court, and the points raised
were argued by able counsel, when the decision of the county court judge
was confirmed. The company was determined to put the case to the utmost
possible test, and on appealing to the Supreme Court of Judicature the
judgment was reversed, the decision being to the effect that, whilst
there was some evidence of wilful delay, the measure of damage was wrong.
—_Our Railways_, by Joseph Parsloe.