CHAPTER VII.

STATIONS AND STARTING.

Meditations on Crossings.--Bell or Whistle.--People on Track.--Access

to Stations.--Slippery Ice.--Checks on Trunks.--Notice of Arrivals

and Departures.--Trains late as usual.--Must keep Time.--Damages,

Damages.--Proof.--Ill fared Welfare.--Waiting-rooms not

Smoke-houses.--Charge of the Iron Horse.--Tripped up.

In course of time I had to go off on business, and, notwithstanding the

unhappy demise of my wife’s step-mother’s brother’s wife’s mother’s

aunt, I resolved to patronize the cars, and having long before

settled the insurance question to my own satisfaction, I purchased

both a railway and an accident ticket, and as the proper hour for the

departure of my train approached, started bag in hand, being minded to

go afoot to the station. “As I walked by myself, I talked to myself and

myself replied to me, and the questions myself then put to myself with

the answers, I give thee,” my would-be-wise reader.

Coming upon the railroad where it ran close to a house which hid the

line on one side completely from view, I was rather startled by a

freight-train dashing past within a few feet of my nose, and I asked

myself: “Should not a bell have been rung?” and I replied: “Yes,

wherever a train crosses a highway there the bell should be rung or

the whistle sounded;[254] and no engine should have gone at such a

speed.” “Should not the company place a watchman at a crossing to warn

pedestrians of the approach of trains?” the answer that came was, “I

fancy not, for _primâ facie_, a foot-passenger crossing a railway is

bound to look out for his own safety;[255] just as it is his duty to

use due care and caution in crossing a street, so as not recklessly to

get among the carriages.”[256] There is, it appears, no general duty

devolving upon railway companies to place watchmen at such places, but

it depends upon the particular circumstances of each individual case as

to whether the omission of such a precaution amounts to negligence or

not.[257] If, however, one is employed, his neglect of duty will make

the company liable.[258]

But then this crossing, I thought, is peculiarly dangerous, the line

being hid as it is! In such a case the mere occurrence of an accident

to one crossing will be evidence of negligence.[259] If a railroad

unnecessarily crosses a highway in such a manner and place that

travellers can neither see nor hear an approaching train until too

late to save themselves; or if a company erect a building so as to

shut off the view, they will be liable for collisions, in the absence

of negligence on the part of the injured ones.[260] I remember that

once, on a certain foggy morning in the land of fogs, a man took the

trouble to look up the line and to look down the line, but owing to the

dimness of the light failed to see a train coming; the engine never

whistled, the man was injured and the company was found guilty of

negligence.[261] Where persons are in the habit of crossing a line at

a particular place, though there is no right of way there, still the

responsibility of taking reasonable precautions in their use of such

place is thrown upon the company.[262]

The omission to give the signals required by statute, such as, ringing

the bell or sounding the whistle, constitutes a _primâ facie_ case of

negligence; still, to make the company liable for damages, the injury

must be the result of the want of the signal, and the onus of showing

this will not be upon the company, but upon the plaintiff.[263]

The public has a right to presume that if the proper warnings are not

given at a crossing, that the speed of the train will be reduced; if

not, to prevent an injured one getting damage it must be proved that

he was rash. The company will be liable if he kept a proper lookout,

though he was incautious in going on the track.[264]

Every one attempting to cross a railroad should do it with his eyes

open. He should listen for the signals, notice all the signs that may

be put up as warnings, and look up and down the road.[265] If, however,

he is driving across, it does not appear that he is bound to get out

of his carriage, or even stop for the purpose of listening.[266] If,

by the use of one’s optics, the train could have been perceived, it is

presumed in case of a collision, that the man hurt did not look, or did

not heed, and so under ordinary circumstances, the company will not

be liable.[267] Contributory negligence on the part of the afflicted

excuses the railroad, whether the proper signals have been given or

not, or whether the company is guilty of any other negligence or

not.[268]

When a carriage-way crossed a line on the level, and the gates on the

down side of the line being open, young Wanless, with some other boys,

entered on the railway at the time when a train on the up side was

passing, intending to cross as soon as the train had passed; meanwhile

another train, on the down side, which he could have seen if he had

looked, knocked him down and injured him. The Court of Queen’s Bench

and the House of Lords both held that the company were guilty of

negligence;[269] and that having the gate open was an intimation to

the public that the line was clear. However, in New York State it was

decided that a similar breach of duty only gave a right to the penalty

affixed thereto, and was not evidence of negligence:[270] and that one

must keep a lookout, even though no danger signal is given.[271] On the

other hand, other American cases hold that one has a right to expect a

company to do its duty, and give the proper notices and warnings.[272]

When on the point of crossing a track about the time a train is due one

should not bundle up his head, so as to impair the sense of hearing,

and then go straight ahead without looking out for the cars. If a man

does so and is made mince-meat of, he has only himself to blame, even

though neither bell nor whistle sounded.[273] One must not even hold

his hat on with his hand on a rainy, blowy, stormy, snowy night, if he

is thereby prevented seeing an approaching train.[274]

A railway company is not bound to use the same amount of care towards

strangers who voluntarily and wilfully go on their track as they owe

towards their passengers. This, Mr. Brand found out after he had his

legs cut off while walking on the track through the city.[275] If one

is unlawfully on the track, or contributes to the injury by his own

carelessness or negligence, yet if the injury could have been avoided

by the company’s servants using ordinary care, the railway is liable

for damages.[276] An engine driver, however, is not bound to slacken

speed when he sees before him, on the track, one whom he may reasonably

suppose can take care of himself, until he sees that otherwise the man,

woman, or child will be run over; but it is his duty to check the train

so soon as he spies a very young child, or apparently helpless person

in the way; if he does not do so and a collision ensues, the company

will be liable for the consequences.[277]

A company is bound so to lay their line at a crossing that no injury

will be done by reason of the rails being above the level of the

road.[278]

Near the station and forming one way of access thereto is a bridge,

said to be in a dangerous state, and across this I saw several persons

hurrying, but I preferred to go round by a longer way, for although it

has been decided that a company is liable for the death of a passenger

through the faulty construction of a bridge erected by them for the

more convenient access to the station, when there is a safe one about

one hundred yards further off which the unfortunate deceased might have

used,[279] still I considered discretion the better part of valor and

chose keeping sound bones in a whole skin to my wife enjoying plenty

and prosperity out of my life insurances. Besides, I recollected that

Mr. Justice Clesby had once said, that where a passenger having full

knowledge of the fact, still preferred using a dangerous way and in

consequence was injured, it would seem that such a foolish body would

have no ground of complaint, on the principle of the old maxim _volenti

non fit injuria_.[280] What risks men will run to save a few minutes or

a few steps; verily well saith the poet,--

“Of all the creatures that fly in the air

Swim in the sea, or tread earth so fair,

From Paris and Rome to Peru and Japan,

The most foolish beast, as I think, is man.”

On entering the station-yard I found engines puffing and snorting,

backing and switching on every side, and really it was at considerable

danger of my journey being summarily put an end to ere well commenced,

that I made my way to the platform. This rather annoyed me and ruffled

the habitual serenity of my temper (and the serenity of the most

serene would be tried by a locomotive spirting and squirting out a

jet of steam at one’s nether garments), for it is the duty of railway

companies to take all reasonable care to keep their premises in such a

state that those whom they invite there (and they invite all who may

desire to be carried to any place whither the line runs) will not be

unduly exposed to danger.[281] But they need not go so far as to put a

hand-rail upon a stairway for unsteady folks to steady themselves with,

where the stair is protected on either side by walls; and they may put

brass on the steps instead of lead, although it is more slippery.[282]

I had scarcely stepped on to the platform when one foot slipped from

under me, and down with a whack I descended upon the back of my head;

my carpet-bag, too, fell with a crash, telling of ruin to some valuable

therein contained. Up rose I in wrath and found that a strip of ice had

been the cause of my discomfiture, and I registered an oath on high

that the company should answer to me in solid gold for the damages

I had sustained; for I knew of one Shepherd, who having fallen on a

slippery place, while he tramped up and down the platform waiting for a

train, recovered a goodly sum from the company; and Martin, B., said,

railway servants ought to be alert during cold weather to see whether

there is ice upon the platform, and to remove it, or make it safe by

sanding it, or otherwise, if it is there.[283]

On I strode in ire--for I saw some girls snickering at me--to where the

baggage-master was checking the luggage.

“Check this,” I exclaimed.

“Take it into the car with you,” he replied.

“I won’t; you must check it; there’s a handle,” I returned.

“I won’t; handle be hanged; you must take it,” he retorted.

“All right,” I answered, inwardly resolving that as a check had been

refused me when demanded, the company should pay me the penalty of

eight dollars, as well as the costs of the action which I should

bring against them for it, and that I would insist upon the conductor

in charge of the train refunding me the fare that I had paid for my

ticket.[2] I was sorry now that I had bought the ticket in advance,

for under the circumstances they would have had no right to collect or

receive from me any toll or fare.[284]

I was determined to teach railway companies their duties, and

baggage-masters are far too fond of refusing to check small parcels or

bags; and at way stations, in their wisdom, even decline sometimes

to check large trunks, although the law of this Canada of ours says,

“Checks shall be affixed by an agent or servant to every parcel of

baggage having a handle, loop or fixture of any kind thereupon (though

what may be included in the latter term goodness only knows), and a

duplicate shall be given to the passenger delivering the same.”[285]

It was not many minutes before I found cause of action number _three_

against the respectable railway company to whose tender mercies I was

about to commit my precious self. The law directs that “the trains

shall be started and run at regular hours to be fixed by public

notice,”[286] but most locomotives--their drivers and conductors--treat

that clause with a contempt truly philosophical. The train by which

I desired to embark was overdue for half an hour, according to the

time-table which hung mockingly on the wall, so I looked about me to

see if there had been “put up on the outside of the station-house over

the platform of the station in some conspicuous place, a written or

printed notice signed by the station-master, stating to the best of

his knowledge and belief the time when such over-due train might be

expected to reach the station,” as it was the duty of the company to

do. Of course, no such notice was visible, such enactments being too

often deemed effete from the very day they appear on the statute book,

so I still further comforted and consoled my wounded feelings by the

thought that for this neglect or omission they were liable to an action

at my suit, in which full costs might be recovered[287] (the latter was

an object of importance just now).

I now retired into the waiting-room to ponder over the business that

had thus unexpectedly turned up. I knew that few men were bold enough

to fight a great railway company on any question, and especially one

involving a small amount, and that as a result of this railways have

been virtually exempt from the penalties attaching to many breaches of

duty and of contract which they are daily committing; but I determined

to sacrifice myself for the good of my fellows. I was eager, too, to

see my name figuring in the reports.

I also now began to reflect that if the train was much later, I would

miss my appointments, and then cause of action number _four_ would

accrue. For it is as clear as daylight that if a railway company

publishes or authorizes the publication of a time-table, representing

that a train will start at a particular hour for a particular place,

or arrive at a particular hour, and through negligence no train is

prepared or arrives, the company is responsible in damages to all

persons who have acted upon the faith of the representation, and

have been deceived and put to expense, and have sustained damage

thereby;[288] but if they give proper notice they will not be liable

for any necessary delay.[289] A company announced that their trains

would be punctual as far as possible; though, they said, they did not

undertake that they would run exactly according to the time-tables,

and that they would not be liable for any loss or damage arising from

unpunctuality; the court, however, held, that a delay of twenty-seven

minutes _en route_ between Liverpool and Leeds was evidence of

negligence or want of reasonable efforts to be punctual.[290] A

notice that a company will not be responsible for deviations from the

time-tables, unless the detentions are caused by the wilful neglect

of their employees, is practically invalid.[291] The company make a

continuous representation whilst they continue to hold out printed

or written papers as being their time-tables, and they thereby make

a public profession and representation that they will exercise their

vocation of common carriers, and dispatch passengers or goods, as the

case may be, to certain specified places at or about the time named in

such tables; and if they fail to do so they commit a breach of their

duty as common carriers, and are guilty of a fraudulent representation,

which may be the foundation of an action for deceit by any one who,

relying on the representation, tenders himself or his goods for

conveyance at the appointed time, and finds there is no train about to

start.[292]

Though neither time-table nor advertisement is an actual warranty for

the arrival and departure of trains at the time named, still companies

are unquestionably liable for any want of punctuality which they could

have avoided by the use of due care or skill; nor can they plead any

excuse, the existence of which was known to them when the tables were

published.[293] And when there has been a change of time, due care

should be used in notifying the public.[294]

I also ran the risk of missing the connection at B.; but I remembered

that once upon a time a tailor going down into the country to measure

his customers, in consequence of the train not having reached a

junction at the time advertised, missed his connection and had to spend

the night at the junction and pay extra fare the next morning; he sued

the company and recovered the amount of his hotel expenses and the

extra fare, but not for damages sustained by not reaching his customers

at the appointed time [but this rule seems to be almost equivalent

to a denial of all beneficial redress in such cases.[295]] The chief

baron in giving judgment, stated that as a rule, generally in actions

upon contracts the plaintiff is entitled to recover whatever damage

naturally results from the breach of the contract, but not damages for

the disappointment of mind occasioned by the breach of contract.[296]

When in consequence of the company’s negligence M. Le Blanche reached

Leeds too late for the Scarborough train, and he took a special train

whereby he reached Scarborough an hour earlier than if he had waited

for the next regular train, the court considered that although he had

no special business at S., yet still he was entitled to recover from

the railroad authorities the cost of the special train. But a man

should not take a special, hoping to have the expense recouped him,

unless it is a reasonable thing to do under the circumstances.[297]

In Manchester (England), a music teacher recovered against a railway

company five shillings which he had had to pay for cab-hire, the train

through delays having failed to make certain connections.[298] If a

party bound to do a certain thing does not do so, the other party may

do it for him as reasonably and nearly as may be, and charge him for

the reasonable expenses incurred in doing so. A company cannot escape

damages for its failure to carry a passenger with sufficient dispatch

by the fact that the delay was the wilful act of the conductor in

charge of the train.[299] It must clearly appear that the damages were

sustained without any fault on the part of the traveller, and in spite

of his utmost efforts to avoid them.[300]

The mere production of a ticket, however, is not sufficient evidence of

a contract to carry a passenger to a certain place within a given time,

as one Hurst discovered when he sued for various expenses and losses

sustained through missing a certain train in consequence of delay in

starting; the time-table must be produced to prove the contract.[301]

And as I knew that to prove that the table was issued by authority I

would have to show either that it was bought at one of the company’s

stations, or at one of their recognized receiving offices, or that

it was posted up in some office or place where the advertisements

of the company were usually placed,[302] I started off on a tour

of investigation to see if I could pick up the desired article, or

evidence that would answer my purpose, keeping in mind how ill fared my

friend, Mr. Welfare. He once innocently inquired of a railway porter

when the train would be in, and being referred by the official to a

time-table hanging upon the wall, he went to consult it; while doing

so, down tumbled, through a hole in the roof, a heavy plank and a roll

of zinc, and smote Mr. Welfare on the neck, doing him grievous bodily

harm; glancing upwards, the poor stricken one beheld the legs of a

man upon the roof. Yet for the damages done the company was held not

liable, as for aught that my friend showed at the trial the man might

have been the servant of a contractor employed to mend the roof, or the

misfortune might have been the result of a pure accident.[303] So the

sufferings of my friend served but to point a moral--Beware!--and to

adorn a volume of reports.

But to return from this digression anent my friend, to the topic on

which I was musing. Draper, C. J., in one case, held that a time-table

could not be treated as a part of the contract, but amounted to a

representation only; and that to recover damages one would have to

show that he bought his ticket before the time specified for the train

leaving, and not merely before the arrival of the train, for if that

were after the time specified, the would-be passenger would know as

well as the company that the time-table had been departed from.[304]

While I was thus deeply ruminating, an old friend appeared,--a Q.

C., of high standing, at the bar of a neighboring city,--and we went

outside to enjoy a chat and weed while waiting for the train. Seeing

an elderly female turn up her nose as a whiff of smoke tickled her

nostrils, as if it were in very deed a blast from the lower regions, as

King James said it was, my friend remarked:--

“Did you see that decision of Dillon, C. J., where he held that a woman

who found the waiting-room unfit for her occupation--tobacco and other

impurities being offensive to her delicate nerves--and so attempted

to enter the cars which had not as yet come up to the platform, and

was injured by the giving way of the platform steps, was entitled to

recover?”[305]

“No,” I replied.

“He ruled that it is the duty of railway passenger carriers to provide

comfortable rooms for the accommodation of passengers while waiting

at the stations, and to enforce such regulations in regard to smoking

therein as to enable persons to occupy them in reasonable comfort.”

“A very good decision for the ladies and those who have to wait hour

after hour in a dirty room for a train ages behind its time.”

“Still I think it is pushing the doctrine of the liability of companies

rather far.”

“Yes,” I returned, “and rather in the teeth of the dictum of Mr.

Justice Hannan, in Siner _v._ Great Western,[306] where he said he

thought that juries took an exaggerated view of the duties of railway

companies; that the companies have done so much for the comfort and

convenience of travellers that it is now made the subject of complaint

if the highest degree of luxurious care is not attained in all their

arrangements.”

“His is a much more sensible view of the case,” said Smith, who held

some railway shares, “and one more likely to produce dividends for

unfortunate stock-holders. If people avail themselves of the benefits

of railway travellers, they should make some allowances. Ah! look at

our fair friend!”

She was at the far end of the platform, and an engine attached to a

freight train seemed to be rushing straight at her; she turned and

fled, with a scream, to avoid the charge of the iron horse, and in

her hurry tripped over a barrow and fell prostrate. The career of the

locomotive was stopped. It appeared that its antics had been caused by

the negligent displacement of a switch. We raised the lady and found

that although slightly damaged she was more frightened than hurt. We

consoled her with the assurance that if she chose to sue the company

she could make them pay for the elephantine gambols of the fiery steed

which had so disturbed her equanimity.[307]

Seeing a man a short way off to whom I desired to speak, I was on the

point of jumping down off the platform, when my Q. C. exclaimed:--

“Hold! be not rash! If you jump, instead of going down by the steps,

and are hurt, you can never make the company pay for the plasters and

the salves;[308] besides here’s the train.”

And so indeed it was at last. Up it thundered to the station amid

screeching and bell-ringing: out rushed the passengers eager to reach

the refreshment room. The crowd pushed my chum against a portable

weighing-machine, and, catching his foot in it, he fell and injured

himself. Seeing that he was not very seriously damaged I could not help

crying out:--

“Hold! be not rash! I knew a case on all fours with yours, where

the foot of a machine projected above the level of the platform six

inches and was unfenced; there it had stood for years without doing

any damage, and it was held that there was no evidence to go to a

jury of any negligence, the machine being where it might have been

seen, and the accident not being one which could have been reasonably

anticipated.[309] An exactly similar case. Ho! ho! ho!”

“I wish the whole platform had given way with the weight of that mob,

and then there would without doubt have been evidence of negligence.

Besides I might have had the pleasure of seeing you break your leg;”

testily replied the Q. C. And he added, and more correctly than an

angry man usually speaks, “A company should not allow their platform to

be overcrowded, and they ought to have adequate means for protecting

their passengers in the event of an unusual influx of travellers.[310]

They are bound to see that the number of porters at each station is

adequate for the safety of passengers.”[311]

“Ah! my dear sir, one must be careful and walk circumspectly about

a station. You know where a man fell, seriously hurting himself, on

a staircase down which some forty thousand people had passed every

month without an accident, the court held that there was no evidence

of negligence on the part of the company to go to a jury, although the

brass covering on the step had been worn smooth, and said that ‘the

mere fact of a man having fallen and hurt himself is not sufficient

to charge the company with negligence in the construction of their

station; and the court is in an especial manner bound to see that the

evidence submitted to the jury in order to establish negligence, is

sufficient and proper to go to them.’”[312]

FOOTNOTES:

[254] Galena & Chi. Rw. _v._ Loomis, 13 Ill. 548.

[255] Skelton _v._ L. & N. W. Rw., L. R., 2 C. P. 631; Boggs _v._ Great

Western Rw., 23 U. C. C. P. 573.

[256] Williams _v._ Richards, 3 C. & K. 82; Cotton _v._ Wood, 8 C. B.

(N. S.), 571.

[257] Stubley _v._ L. & N. W. Rw., L. R., 1 Ex. 13.

[258] Kissenger _v._ N. Y., etc., Rw., 56 N. Y. 538.

[259] Bilbee _v._ L. & B. Rw., 18 C. B. (N. S.), 584; see also, Stapley

_v._ L. B. & S. C. Rw., L. R., 1 Ex. 21.

[260] Mackay _v._ N. Y. C., 35 N. Y. 75; Richardson _v._ N. Y. C., 45

N. Y. 846.

[261] James _v._ Gt. W. Rw., L. R., 2 C. P. 634 n.; see p. 63.

[262] Barrett _v._ Midland Rw., 1 F. & F. 361.

[263] Galena, etc., Union Rw. _v._ Loomis, 13 Ill. 548; Wakefield _v._

C. & P. R. Rw., 37 Vt. 330.

[264] B. & O. Rw. _v._ Trainor, 33 Md. 542; Cliff _v._ Midland Rw., L.

R., 5 Q. B. 258.

[265] Wharton on Neg. § 382 and notes.

[266] Davis _v._ N. Y. C., 47 N. Y. 400.

[267] Wharton, § 382.

[268] Ernst _v._ Hudson R. Rw., 39 N. Y. 61.

[269] Wanless _v._ N. E. Rw., L. R., 6 Q. B. 481; _S. C._, L. R., 7 E.

& I. App. 12; Stapley _v._ London & B. Rw., L. R., 1 Ex. 21.

[270] Brown _v._ Buffalo, etc., 22 N. Y. 191.

[271] Havens _v._ Erie Rw., 41 N. Y. 296.

[272] Hart _v._ Erie Rw., 3 Alb. L. J. 312; Tabor _v._ Mo. Vall. Rw.,

46 Mo. 353; _S. C._, 2 Am. Rep. 270.

[273] Steves _v._ Oswego & S. Rw., 18 N. Y. 422; Wilds _v._ Hudson R.

Rw., 24 N. Y. 430; but see Chaffee _v._ Boston & L. Rw., 104 Mass. 108.

[274] Butterfield _v._ Western Rw., 10 Allen, 532; Miller _v._ G. T.

R., 25 C. P. (Ont.), 389.

[275] Brand _v._ Troy & S. Rw., 8 Barb. 368; Anderson _v._ N. Rw., 25

C. P. (Ont.), 301.

[276] Brown _v._ Hannibal & St. J., etc., 50 Mo. 461; B. & O. Rw. _v._

Trainor, 33 Md. 542.

[277] Lake Shore Rw. _v._ Miller, 25 Mich. 277; Telfer _v._ N. Rw., 30

N. J. 188; St. Louis, etc., _v._ Manly, 58 Ill. 300.

[278] Oliver _v._ N. E. Rw., L. R., 9 Q. B. 409; Thompson _v._ G. W.

R., 24 C. P. (Ont.), 429.

[279] Longmore _v._ G. W. Rw., 19 C. B. (N. S.) 183.

[280] Bridges _v._ N. London, etc., L. R., 6 Q. B. 377.

[281] Welfare _v._ London & Brighton Rw., L. R., 4 Q. B. 693; Stott

_v._ G. T. R., 24 C. P. (Ont.), 347.

[282] Crafter _v._ Metropolitan Rw., L. R., 1 C. P. 300.

[283] Shepperd _v._ Midland Rw. Co., 20 W. R. 705; but see _ante_, p. 9.

[284] Railway Act, 1868, § 20, ss. 5 and 6 (Can.).

[285] Railway Act, 1868, § 20, s. 5.

[286] Ibid. § 20, s. 2.

[287] 34 Vict. c. 43, § 6 (Can.).

[288] Addison on Torts, 3d ed. 447.

[289] Redfield on Rail., vol. ii., p. 276.

[290] Le Blanche _v._ L. & N. W. Rw., 34 L. T. R. 25.

[291] Becke _v._ G. W. R., 18 Sol. J. 972.

[292] Denton _v._ G. N. Rw., 5 Ell. & Bl. 860; _In re_ Oxlade, 1 C. B.

(N. S.), 454; Heirn _v._ McCaughan, 32 Miss. 17.

[293] Gordon _v._ M. & L. Rw., 52 N. H. 596.

[294] Sears _v._ Eastern Rw., 14 Allen, 433.

[295] Redfield on Railways, vol. ii., p. 277 n.

[296] Hamlin _v._ G. N. R., 1 H. & N. 408, and as to damages for remote

and collateral consequences, see Story _v._ N. Y. & H. Rw., 2 Selden,

85; Horner _v._ Wood, 16 Barb. 386.

[297] Le Blanche _v._ L. & N. W. R., 34 L. T. R. 25; reversed on

Appeal, W. Notes, May 27, 1876.

[298] Becker _v._ L. & N. W. Rw., cited in 10 C. L. J. 311.

[299] Weed _v._ P. R. Rw., 17 N. Y. 362.

[300] Benson _v._ New Jersey Rw. Co., 9 Bosw. 412.

[301] Hurst _v._ Gt. Western Rw., 34 L. J. C. P. 265; Robinson _v._ The

same, 35 L. J. C. P. 123.

[302] Addison on Torts, p. 487.

[303] Welfare _v._ London & Brighton Rw. Co., L. R., 4 Q. B. 693.

[304] Briggs _v._ Grand Trunk Rw. Co., 24 U. C. Q. B. 510, 516.

[305] McDonald _et ux. v._ Chicago & N. W. R. Co., 26 Iowa, 124.

[306] L. R., 3 Exch. 150.

[307] Caswell _v._ Boston & Worcester Rw., 98 Mass. 194.

[308] Forsyth _v._ Boston & Alb. Rw., 103 Mass. 510.

[309] Cornman _v._ Eastern Counties Rw., 4 H. & N. 781; see also

Blackman _v._ London, B., & S. C. Rw., 17 W. R. 769.

[310] Hogan _v._ S. E. Rw., 28 L. T. (N. S.), 271.

[311] Jackson _v._ Metropolitan Rw. L. R. 10 C. P. 49.

[312] Crafter _v._ Metropolitan Rw. Co., L. R., 1 C. P. 300. Where on

the platform there were two doors in close proximity to each other,

the one for necessary purposes, had painted over it the words “For

gentlemen,” the other had over it “Lamp room.” The plaintiff having

occasion to go to the former, inquired its whereabouts and was directed

to it: by mistake he opened the door of the lamp room, fell down some

stairs, and was injured: _Held_, that in the absence of evidence that

the place was more than ordinarily dangerous, a nonsuit was right.

Toomey _v._ London B. & S. C., 3 C. B. (N. S.), 146.

The law of the road; or, wrongs and rights of a traveller · 第 7 / 16 章