CHAPTER XII.

OMNIBUSES, STAGES, AND HORSE-CARS.

Nearly every one has occasion, more or less often, to travel over

the public ways in the coaches of passenger carriers. Whoever

undertakes to carry passengers and their baggage for hire from place

to place is bound to use the utmost care and diligence in providing

safe and suitable coaches, harnesses, horses, and coachmen, in order

to prevent such injuries as human care and foresight can guard

against.

If an accident happens from a defect in the coach or harness which

might have been discovered and remedied upon careful and thorough

examination, such accident must be ascribed to negligence, for which

the owner is liable in case of injury to a passenger happening by

reason of such accident.

On the other hand, where the accident arises from a hidden and

internal defect, which careful and thorough examination would not

disclose, and which could not be guarded against by the exercise of

sound judgment and the most vigilant oversight, then the proprietor

is not liable for the injury, but the misfortune must be borne by

the sufferer as one of that class of injuries for which the law can

afford no redress in the form of a pecuniary recompense.

If a passenger, in peril arising from an accident for which the

proprietors are responsible, is in so dangerous a situation as to

render his leaping from the coach an act of reasonable precaution,

and he leaps therefrom and breaks a limb, the proprietors are

answerable to him in damages, though he might safely have retained

his seat.[52]

[52] 9 Met. 1.

When the proprietors of stages or street-car coaches, which are

already full and overloaded, stop their coaches, whether at the

signal or not of would-be passengers, and open the doors for their

entrance, they must be considered as inviting them to ride, and

thereby assuring them that their passage will be a safe one, at

least so far as dependent upon the exercise of reasonable and

ordinary care, diligence, and skill, on their part, in driving and

managing their horses and coaches; and, in fact, they are rather to

be held responsible for such increased watchfulness and solicitous

care, skill, and attention, as the crowded condition of the vehicle

requires. If, under such circumstances, a passenger is thrown out of

or off the coach by its violent jerk at starting or stopping, or in

any other way through the negligence of the proprietors or their

agents, he may hold them liable for his injuries.[53] A passenger

must pay his fare in advance, if demanded, otherwise he may have to

pay a fine for evading fare; and if he is riding free, the

proprietors are not responsible, except for gross negligence; and he

must also properly and securely pack his baggage, if he expects to

recover damages in case of loss. A mail-coach is protected by act of

Congress from obstructions, but is subject in all other respects to

"the law of the road."[54]

[53] 103 Mass. 391.

[54] 1 Watts, Pa. 360.

If the proprietors of coaches used for the common carriage of

persons are guilty of gross carelessness or neglect in the conduct

and management of the same while in such use, they are liable to a

fine not exceeding five thousand dollars, or to imprisonment not

exceeding three years.[55] And if a driver of a stage-coach or other

vehicle for the conveyance of passengers for hire, when a passenger

is within or upon such coach or vehicle, leaves the horses thereof

without some suitable person to take the charge and guidance of

them, or without fastening them in a safe and prudent manner, he may

be imprisoned two months or fined fifty dollars.[56]

[55] Pub. St. c. 202, Sec. 34.

[56] Pub. St. c. 202, Sec. 35.

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