CHAPTER VI.

DINING, RAINING, LOSING, AND ENDING.

Must wait at Stopping-places.--Place booked taken at any

Time.--Falling in ascending.--Drenched with Rain.--Coachmen are

Common Carriers, and liable as such.--Loss of Money.--Loss of

Luggage.--Dangerous Short Cut.--Bridges.--Safe Arrival.

The driver, annoyed at the loss of his fare, said he would drive

ahead at once and not wait, as he usually did at this place, for his

passengers to take refreshments, but as my wife was hungry and the old

maids thirsty, I insisted upon his remaining; for a carrier has no

right to deviate from established usages to gratify his own whims and

fancies.[234] While we were partaking of a cold collation, portions

of which, doubtless, had done duty on several former occasions, a

gentleman arrived at the inn, and from his conversation with the driver

I quickly perceived that he had paid his fare for the whole way from

town to our journey’s end, and that he now intended to take his seat,

as he clearly had a right to do.[235] He, too, was booked for an inside

place, and protested strongly because sufficient room had not been

left for him, saying that as more than the legal number were already

on board, he would not get on but would sue the proprietor for all

expenses he might be put to in performing the remainder of his journey

by another conveyance.[236]

“I took my place,” he exclaimed with emphasis, “and now you are going

to try to squeeze six people into an infernal box that only holds

five. I’ll take a post-chaise and bring an action for all the expenses

incurred. I’ve paid my fare. It won’t do; I told the clerk when I took

my place that it would not do. I know these things have been done. I

know they are done every day; but _I_ never was done, and I never will

be. Those who know me best know it; crush me.”[237]

The son of Nimshi tried to smooth down matters, but in vain; and the

irascible gent went off in high dudgeon; whereat I rejoiced.

Just as we were starting, an old woman approached, and after some

chaffering agreed with the driver as to the sum for which he would

carry her to the next village, and began to mount. Before she was up

the horses started, and she was thrown to the ground and injured so

much that she could not come with us. I endeavored to apply some balm

by informing her that she had better sue the owner of the stage; for,

she, being a passenger as soon as the contract was made, he was liable

to her for the negligence of his man.[238]

We had not gone far, after our refreshments, before the sky grew

overcast, the wind arose, heavy clouds began to send across the sky,

distant mutterings of thunder grew more and more audible, rolling,

rumbling, rattling, nearer and nearer, the heavens were wrapt in

gloom, through which, ever and anon, the lightning flashed vividly.

Quickly the thunderstorm was upon us, the rain descended first in

large heavy drops, then in a perfect deluge; the sky seemed on fire

with electric flashes, darting hither and thither like fiery, flying

serpents. In vain the coachee whipped up his wearied horses and made

their very bones to rattle, striving to gain shelter from the pitiless

storm. Before protection could be gained we were all drenched to the

epidermis, even those within did not escape, for the old stage leaked

like a sieve and let in the flood at every part. (My wife declared

afterwards that she had read that in the days of Henry II., of France,

there were three, and only three, coaches in existence, one belonging

to Catherine de Medicis, another to the fair, but frail, Diana of

Poictiers, and the third to René de Laval, a noble seigneur, and that

she verily believed that this was the one owned by, the fat old René,

so weak, so frail, so rickety, was the old antediluvian monster; in

fact, she remarked, there was nothing strong about the entire concern

except the smell!)

But, after all, it was only a thunderstorm, and ere very long its

fury was overpassed, the sun emerged from behind the murky clouds,

and we all steamed away beneath its fiery rays like small portable

steam-engines. Far worse, however, than being thoroughly damped

ourselves, the heavy down-pour had penetrated our trunks and bags,

playing the mischief with the things therein, for the carrier had not

provided tarpaulins, or cart clothes and such necessary coverings to

protect the baggage from the rain, as he was bound to do.[239] The

thoughts of the damages which I might recover, alone kept me from

pouring forth my ire upon the coachman’s devoted head.

Of course, proprietors of stage-coaches,[240] or mail-coaches,[241] who

hold themselves out as carriers of goods, as well as of passengers, are

liable as common carriers, and responsible at common law for all damage

and loss to goods during the carriage from what cause soever arising,

save only the act of God; and this liability extends to the luggage of

passengers, as well as to the goods of strangers, although no specific

charge be made for the luggage.[242] In England (by the Railway Clauses

Act) railways, stage-coach proprietors, and other common carriers of

passengers, their baggage and freight, are put upon precisely the

same ground, both as to liability and as to any protection, privilege

or exemption; and the same rule obtains in the great republic, except,

perhaps, that inasmuch as transportation by rail is infinitely more

perilous, a proportionate degree of watchfulness is demanded of

carriers thereby. Care and diligence are relative terms, and the degree

of care and watchfulness is to be increased in proportion to the hazard

of the business.[243]

The thorough damping which he had received seemed to have had a

mollifying effect upon our knight of the reins, and when I ventured to

address him on the subject of his master’s liability for loss or damage

to luggage, I found him quite thawed out, in fact, communicative.

“Wal,” said he, “I knows summat about that; but I rather guess you’d

find yourself mistook if you thought him liable for all losses, and put

a lot of money in your trunk, and didn’t tell on it, and had it lost.”

“Why,” queried I, “what about that?”

“Not much, only this: a chap one time thought so as how he’d come a

sharp dodge on a coachman, so he just put $11,250 in his old trunk and

said nothing about it; and when they got to their journey’s end the box

was nowheres; the man tried to make the owner of the stage pay, but the

judge decided he could not.”

“Who told you all that?”

“Wal, stranger, I heerd it in rather a roundabout way; my master told

me, another man told him, and an angel told the other man.”[244]

“Ah, indeed!” I exclaimed, “that is undoubted authority.”

“Another time there was a _long fellow_ put a £50 note in his bag among

his old duds. In getting on the stage he gave his bag to the driver,

who lost it; he sued the master to court, but the jury only paid him

for his old clothes.”[245]

“There must have been some stage-coachman on that jury,” I said.

“Like enough; there’s a deal of them scattered around every civilized

country.”

“I suppose you know,” I added, “that if you were to carry parcels for

your own particular profit, your master would not be liable for the

loss of them,[246] unless, indeed, he paid you less wages, because of

the opportunity thus afforded you of making small sums.”[247]

“I guess there’s no chance of my makin’ a fortun’, along this ere

road that ere way. Folks think I ought to carry their traps for

nothing. Look ye here, mister, how would it be ’sposing a man took his

portmantee with him, and kept his own eye on til it, and it was lost

after all.”

“Oh, it’s clear the owner of the coach would be liable.[248] But if a

gentleman keep, for instance, his overcoat wholly in his own custody

and possession, and does not actually deliver it to the carrier,

the latter cannot reasonably be held liable for the loss[249] if it

disappears.”

(P.S. and N.B. Any person or persons desirous of becoming thoroughly

posted upon the all important question of the liability of carriers for

the loss of baggage, will find it to their advantage to consult chapter

fifteen of this my book.)

“I say, mister, had I better take a short cut over that ere bridge,

which is so rotten that I calkerlate it will go down mighty soon with

a tremendous whack into the water below, or go away round a couple of

miles to the stone bridge?” queried the driver.

“Well,” I replied, “I think you had better go round, for the law saith,

if a common carrier--which you decidedly are in every sense of the

word--goes by ways that be dangerous, or drive by night, or in other

inconvenient times, or if he overcharge a horse, whereby he falleth

into water or otherwise, so that the stuff is hurt or impaired, then he

shall be charged for his misdemeanor.”[250]

“But why does not the corporation repair the bridge?” I added.

“Oh, they don’t own it; old Squire Squaretoes built it and owns it;

but he lets folks cross it if they choose,” replied the man.

“Then it is clear we would have no one to sue if any accident happened

through its defective state.”[251]

I trust that my readers (if I have any) will understand that a town is

not liable for injuries caused by a bridge being out of repair, if it

has become so, suddenly and unexpectedly, by reason of a freshet, and

sufficient time has not elapsed to enable the authorities to repair it,

or to guard travellers against the danger;[252] but if the chairman of

the board of supervisors has had notice of the defect, and no proper

precautions are taken to guard against accidents, the town will be held

liable for negligence.[253]

Quickly now we drove along the bank of a little babbling, bubbling

river, which “like a silver thread with sunsets strung upon it thick

like pearls” wound in and out, and round about, doubling the distance

we had to travel; but I was quite content and sought not to descend

from my high perch, for the breeze was

“‘Sweet as Sabæan odors from the shores

Of Araby the blest;’”

and the woods near by had many verdurous glooms and winding mossy ways,

to charm the eye, and I had ever loved to gaze upon

“groups of lovely elm-trees bending

Languidly their leaf-crowned heads,

Like youthful maids, when sleep descending,

Warns them to their silken beds.”

On and on we clattered along the rough and stony road, rattling and

jolting, till a loud and sharp “Toot-toot-toot,” with a long clear

flourish “that warbled away in an acoustic ringlet” from the driver’s

horn, announced the fact that that day’s work was done; that our

journey was complete, and we were safe in the little village of Ayr.

As our journey beyond this point was upon the trackless deep, I will

here say nothing about it, save that we were while on board the

steamboats neither blown up nor drowned.

FOOTNOTES:

[234] Chitty on Carriers, 253; Story on Bailments, § 597.

[235] Ker _v._ Mountain, 1 Esp. 27.

[236] Chitty on Carriers, 252.

[237] See Mr. Dowler’s remarks in Pickwick.

[238] Brien _v._ Bennett, 8 C. & P. 724; Lygo _v._ Newbold, 9 Ex. 302.

[239] Webb _v._ Page, 6 M. & G. 204; Walker _v._ Jackson, 10 M. & W.

168; Philleo _v._ Sandford, 17 Texas, 227.

[240] Clark _v._ Gray, 4 Esp. 177; Lovett _v._ Hobbs, 2 Shower, 127;

Hutton _v._ Bolton, 1 H. Bla. 299 n.; Dwight _v._ Brewster, 1 Pickering

(Mass.), 50; Jones _v._ Voorhees, 10 Ohio, 145.

[241] White _v._ Bolton, Peake, N. P. 113.

[242] Robinson _v._ Dunmore, 2 B. & P. 416.

[243] Commonwealth _v._ Power, 7 Met. 601; Jencks _v._ Coleman, 2

Sumner.

[244] Angell on Carriers, 262.

[245] Miles _v._ Cottle, 4 M. & P. 630; 6 Bing. 743; and on this point

see chapter 8.

[246] Butter _v._ Basing, 2 C. & P. 614.

[247] Dwight _v._ Brewster, 1 Pick. (Mass.), 50.

[248] Robinson _v._ Dunmore, 2 B. & P. 419; Brooke _v._ Pickwick, 4

Bing. 218.

[249] Tower _v._ Utica & Sch. Rw., 7 Hill, 47.

[250] Doctor & Stud., Dial. 2d, p. 224.

[251] Gautret _v._ Egerton, L. R. 2 C. P. 371; State _v._ Seawell, 3

Hawks, 193.

[252] Jaquish _v._ Ithaca, 36 Wis. 108; Ward _v._ Jefferson, 24 Wis.

342.

[253] Ibid.

The law of the road; or, wrongs and rights of a traveller · 第 6 / 16 章