TELEGRAMS AND FIRE.
Assault.--Authority of Officials.--A dear Kiss.--Arresting
Passengers.--Telegraphic Messages.--Interesting Examples.--Who can
sue for Mistake.--Fire-fiend’s Pranks.--Train Arrives.--Liability
Ceases.--Trunks in Warehouse.--Baggage left at Station.--Dissolving
Domestic View.
When the day arrived on which my wife was to return to me, I determined
to go and meet her at N., so as to be on the spot to keep an eye on
her baggage when she reached the station and avoid further loss and
accident.
I bought my ticket and got into the proper car, but just as the train
was on the point of starting I asked the porter if I was in the right
carriage, he replied, I was not, and must get out; I hesitated, as
the train was in motion, so he caught hold of me and violently pulled
me out. We fell on the platform and I was considerably hurt, and what
was as bad, the cars went on and left me behind. I went in search of
the general superintendent of the line, as I was determined to seek
redress, for a person who puts another in his place to do a class of
acts in his absence necessarily leaves him to determine, according to
the circumstances which arise, when an act of that class is to be
done; consequently he is answerable for the wrong of the person so
intrusted, either in the manner of doing such an act, or in doing such
an act under circumstances in which it ought not to have been done;
provided that what is done is not done from any caprice of the servant,
but in the course of the employment.[710] And in a similar case it was
held that the act of the porter, in pulling a man out of the carriage,
was an act done within the course of his employment as the company’s
servant, and one for which they were therefore responsible.[711]
Railway companies are liable for all the acts of their servants
and agents committed in the discharge of their business and their
employment, within the range of such employment, whether wilful or
negligent.[712] The injured person has to show that his assailant
was not only a servant of the company, but that he had authority so
to treat him, or that such conduct was subsequently ratified by the
company.[713] Where a conductor chancing to be alone in the car with
Miss Cracker, cracked some jokes, sat down beside her, put his hand
in her muff with her’s (although she objected that there was no room
for it), threw his arms around her neck, and kissed her five or six
times, while she struggled to escape. Miss C. to have sweet revenge,
the kisses being so sour, and not relishing such blandishments and
disliking chaps about her lips, or a railway man’s bill stuck in her
face, had him arrested and fined $25 for an assault: the company
then dismissed the gay Lothario from their employ, and were rather
surprised when the injured female sued them and recovered against them
$1,000. The court considered the verdict was not excessive, and that a
carrier’s contract bound him to protect his passengers against all the
world, which in this case had not been done. It was not denied that
if such an attack had been made by a stranger and the conductor had
neglected to protect Miss C. the company would have been liable, but it
was contended that the company was not responsible for the malicious
breach of the contract by their servant, the conductor. Ryan, C. J.,
thought such a contention was much like saying that if one hired a dog
to guard sheep against wolves, and the dog slept while a wolf made
away with a sheep, the owner of the dog would be liable; but if the
dog played wolf, and devoured the sheep himself, the owner would not
be liable. Every woman has a right to assume that when she travels in
a car she will meet nothing, see nothing, hear nothing, to wound her
delicacy, or insult her womanhood.[714]
Some courts have held that a railway company can only act through
their officers and servants, and as they, of necessity, commit their
trains absolutely to the charge of men of their own appointment, and
passengers of necessity commit to them their safety and comfort while
journeying, the whole power and authority of the company for that
purpose is vested on those officers; and as far as travellers are
concerned they are to be considered as the corporation itself; and
the latter is as responsible for the acts of the officers in running
the train towards the passengers in it, as the officers would be for
themselves were they the proprietors of the road and train.[715]
Exemplary damages, however, will not be given against a company for
the malicious acts of its agent, unless it is shown that the company
expressly authorized or confirmed the deeds.[716]
A railway is supposed to have at its stations officers with authority
to do all such things as are necessary and expedient for the protection
of the company’s property and interests, and for the apprehension of
wrong-doers; and where there are persons present who are acting as if
they had express authority, it is _primâ facie_ evidence that they
had such authority,[717] and the company will be answerable if their
officers, in the exercise of their discretion, make a mistake and
apprehend an innocent person, or commit an assault through an excess
of duty, or do any other act that cannot be justified.[718] And it
makes no difference with regard to the responsibility of the company
that the servant disobeyed the directions of his superiors, if he
was acting within the scope of his employment at the time.[719] But
when he does an act which he has no authority to do, the company are
not liable;[720] nor are they when he does an act which the company
themselves have no authority to do.[721] And thus a seeming paradox
arose in one case where a station master arrested a man for not paying
the fare of a horse he had with him, and it was held that (as the
company itself could not have done so) the company were not liable,
though had the zealous official arrested him for not paying his own
fare, damages might have been recovered against the company.[722]
Thus ruminating over my wrongs and chewing the bitter cud of hatred and
malice, I found my way into the office of the chief official, but as
that important functionary was _non est_, I had to nurse my wrath until
some more convenient season.
Just then a friend came up and showed me a telegram which seemed
perfectly enigmatical and worthy of the Sphinx of yore, and we thus got
speaking concerning such messages (or as they are often rightly called
tell-o-crams). He asked me if I had ever noticed the case where a
gentleman telegraphed for _two hand_ bouquets, and the operator changed
_hand_ into _hund_ and added _red_, making the order for “Two hundred
bouquets.” The florist delighted at the extensive order, procured a
quantity of expensive flowers, which the other party of course refused
to accept, so the poor flower-man had to sue the company for damages,
which he recovered,[723] as well on the ground of breach of contract,
as of breach of duty, the telegraph company being public servants.
“I believe that where the company give notice that they will not be
responsible except for repeated messages, such a condition will be held
good,” I said.
“Yes.[724] There have been several cases showing the damage which the
company will have to pay for mistakes in the performance of their duty:
in one where a merchant sent the message ‘Stop sewing pedal braid till
I see you,’ and it was delivered ‘Keep sewing, etc., etc.,’ and in
consequence a large quantity of unfashionable braid was manufactured
which the merchant received and disposed of in the best manner. He was
held entitled to recover the whole loss sustained in consequence of
the error;[725] and it was so held where the message was changed from
‘5,000 sacks of salt,’ into 5,000 casks:[4] the fact that the error
was made in the transmission because the message was unintelligible to
the operator will not excuse the company, so long as the words were
plain.”[726]
“How is the law in England?”
“It has been held there, and in Canada, that the party employing the
telegraph company, or sending the message on his own account, is the
only party who can maintain an action for any failure to perform
their duty in respect of the message.[727] And where a message was
sent for _three rifles_ and when received it read _the rifles_, and
the plaintiff supposing it referred to a former communication sent
the sender of the despatch fifty rifles, the number before named; and
these were refused; the plaintiff sued the sender for the price, but
the court held that the defendant was not responsible for the mistake
in transmitting the message, and that the plaintiff could only recover
for three rifles.[728] The American jurists think that the English
courts are guilty of an inconsistency, if not of a blunder, in holding
that the only party who can sue the company is not responsible for
the mistake. They say that the party who suffers by the mistake
should, at all events, be allowed to maintain an action to recover
the damage sustained by him; and they say that is the rule throughout
the republic.[729] In an action against the company that delivers
the message, where it has passed over several lines, they may excuse
themselves by showing that the negligence complained of was that of
some prior line.[730] Where there are several connected lines the
company that took the message are generally liable for any negligence
or mistake in the transmission.”[731]
“It seems to be the law that the regulations of a telegraph company
relieving them from liability, unless the message is repeated, are
reasonable, and will free them from the effects of many mistakes;[732]
but they will not be construed so as to release the company from
liability occasioned by their own wilful misconduct or negligence,[733]
as where _our_ was changed into _your_,[734] or the message was never
sent,[735] or delayed in delivery;[736] there must, however, be proof
of negligence distinct from the infirmities of telegraphing.[737] Some
of the American courts, however, have held that the receiver of the
message is not bound by such a notice.[738] The company may restrict
their liability on other points as well, by giving notice; but the
restriction must be reasonable, not one, for instance, that the company
would not be responsible for mistakes to an amount greater than that
paid for the message.[739] The notice will, moreover, only benefit the
company to which it is confined by the contract, and not a connecting
line.[740]”
“But suppose one is not aware of these rules and regulations?”
“To prevent one recovering they must be brought home to his
knowledge[741] but he will be presumed to know what is on the blank
used, and to make the conditions thereon his own, whether he read them
or not.”[742]
“Speaking about the freaks of the telegraph, did you see that one about
the young parson who was about to start for his new parish, but was
unexpectedly delayed by the inability of the Presbytery to ordain him?
To explain his non-arrival he telegraphed to the church officials,
‘Presbytery lacked a quorum to ordain.’ In the course of its journey
this got strangely metamorphosed, and the message-boy handed to the
astonished deacons a telegram saying, “Presbytery tacked a worm on to
Adam.” The sober elders were sorely discomposed and mystified, but
after grave consultation the happy thought struck one of them that this
was the new minister’s facetious way of announcing his marriage, and
accordingly they provided lodgings for two instead of one.”
“That is rather rich.”
Thus chatting with my friend about the telegraph, the law and the
profits thereof, occasionally indulging in the luxury of that odious
weed of the great Sir Walter Raleigh, and frequently practising the
bibulistic art, the time passed rapidly and pleasantly enough, and at
length the shrill ear-piercing screech of a locomotive announced the
arrival of the train, containing, as Horace neatly puts it, _animæ
dimidium meæ_, or as ordinary folks say, “my better half.” After the
usual osculatory exercises, I inspected the amount of her handboxes,
bundles, satchels and checks, and concluded that it would be useless to
expect a cabby to carry home such a vast amount of baggage, and at well
nigh the noon of night it would be equally vain to endeavor to obtain
the services of a carter; so, knowing that travellers have a reasonable
time to claim and remove their baggage, I determined to leave it at
the station for the night.
With the checks clinking together in my pocket and my wife by my side,
and Eliza Jane in front of me, I drove home comfortably, thinking that
in the morning the checks would bring forth the trunks; but alas! I
leant upon a broken reed, and ere the morrow’s light appeared the
baggage and my right to recover for its loss had vanished for ever and
ever, like a morning mist before the rising sun.
A fire broke out at the station and favored by the winds of heaven it
grew into a mighty conflagration, and before the morning watch the
devouring element had consumed the station and all that therein was.
After a visit to the charred and smouldering ruins of the once handsome
depot--my numerous inquiries having confirmed my worst fears as to the
total loss of my wife’s apparel--I returned to my office to consult
the law on the subject, before I encountered her ladyship with the
direful news of the antics of the Fire Fiend. There I quickly found
that after a reasonable time and opportunity to take away his baggage
has been given to a traveller, the company’s responsibility as carriers
ends: they are no longer responsible for its absolute security, but
degenerate into mere warehousemen bound to exercise only that care
which a prudent man ordinarily does in keeping his own goods of a
similar kind and value;[743] and that care is exercised by the company
placing the goods in a secure warehouse;[744] or, as a Canadian Chief
Justice of high repute and great experience says, “the terminus of the
transport being reached, the duty of the common carrier is fulfilled by
placing the goods in a safe place, alike safe from the weather and from
danger of loss or theft.”[745] It was perfectly clear that the company
was not responsible to me for the loss of my baggage,[746] through the
foul pranks of the Fire Fiend. And it would have been just the same
if it had been stolen from the warehouse;[747] or if on the arrival
of the train I had taken possession of the trunks, and afterwards
for my own convenience handed them back to the baggage-master at the
station to be kept until sent for, and they had come to grief or been
pilfered;[748] unless, indeed, there was some gross negligence on the
part of the company. And I found by my books that it is the duty of the
company to have the baggage ready for delivery upon the platform, at
the usual place, until the owner may with due diligence call for, and
receive it; and that it is the owner’s duty to call for and remove
it within a reasonable time; and that “reasonable time” is directly
upon the arrival of the train, making a reasonable allowance for
delay caused by the crowded state of the depot at the time; but that
the lateness of the hour makes no difference if the baggage be put
upon the platform.[749] Nor does the fact of it being Sunday make any
difference.[750] But if the traveller does not choose to call and take
away his _impedimenta_ (as Julius Cæsar calls it), the company do all
they need by putting it into their baggage room and keeping it for him,
with the liability of ordinary warehousemen.
Thus conscious that I should wring nothing from the iron grasp of the
railway company, and that out of my own professional earnings I should
have to replenish my wife’s wardrobe, I went home sad, down-cast and
dejected, to break the direful news to her.
Scarcely had I entered my house, which had been so peaceful and calm
during the past few weeks, when my _alter ego_ flew at me with a
perfect storm of words and questionings as to why her trunks had not
yet come up, and assertions that she had literally nothing to wear.
(Though to the eyes of an ordinary mortal she appeared far from being
_in puris naturalibus_.)
When I told of the fate that had befallen her paraphernalia the storm
increased into a hurricane, and when it was announced that the company
were not liable, a perfect tornado--a cyclone--a typhoon--a simoon--of
words, whirled with terrific fury around my head, then a perfect
waterspout shot forth; and I, remembering suddenly an appointment down
town, vanished from the scenes, resolved that henceforth both myself
and my amiable--but hysterical--spouse would eschew the iron horse and
his train forever, and living peaceable at home avoid the Wrongs and
Rights of Travellers by Rail, by Stage, by Private Conveyance.
FOOTNOTES:
[710] Bayley _v._ Manchester, etc., Rw., L. R., 7 C. P. 415.
[711] Ibid.
[712] Phil. & R. Rw. _v._ Derby, 14 How. 468; Noyes _v._ Rutland, etc.,
Rw., 27 Vt. 110; Yarborough _v._ Bank of England, 16 East. 6.
[713] Roe _v._ Berkenhead & L. Rw., 7 W. H. & G. 36.
[714] Craker _v._ Chicago & N. W. Rw., 36 Wis. 657.
[715] Bass _v._ Chicago & N. W. Rw., 36 Wis. 450; Craker _v._ C. & N.
W. Rw., 36 Wis. 657; Goddard _v._ G. T. R., 57 Me. 202.
[716] M. & M. R. R. Co. _v._ Finney, 10 Wis. 388; but see Goddard _v._
G. T. R., 57 Me. 202; Sanford _v._ Rw. Co., 23 N. Y. 343.
[717] Goff _v._ Gt. Northern Rw., 3 E. & E. 672.
[718] Giles _v._ Taff Vale Rw., 2 E. & B. 822; Moore _v._ Metropolitan
Rw., L. R., 8 Q. B. 36.
[719] Phil. & Read. Rw. _v._ Derby, 14 How. (U. S.), 468.
[720] Edwards _v._ London & N. W. Rw., L. R., 5 C. P. 445.
[721] Poulton _v._ London & S. W. Rw., L. R., 2 Q. B. 534.
[722] Ibid.
[723] N. Y. & Wash. Print. Tel. Co. _v._ Dryburgh, 35 Penn. St. 298.
[724] McAndrew _v._ Electric Tel. Co., 17 C. B. 3; Wann _v._ Western,
etc., Tel. Co., 37 Mo. 472.
[725] Lockwood _v._ Ind. Line of Tel. Co., N. Y., C. P. 1865.
[726] Rittenhouse _v._ The same, 1 Daly, C. P. 474.
[727] Playford _v._ United Kingdom Tel. Co., L. R., 4 Q. B. 706; Feaver
_v._ Montreal Tel. Co., 23 U. C. C. P. 150.
[728] Henkel _v._ Pape, L. R., 6 Ex. 7.
[729] Redfield on Railways, vol. ii., p. 314.
[730] La Grange _v._ S. W. Tel. Co., 25 La. An. 383.
[731] De Rutte _v._ Tel. Co., 1 Daly, 547.
[732] McAndrew _v._ Electric Tel. Co., 17 C. B. 3; but see Tyler _v._
W. U. Tel. Co., 5 Chi. Leg. News, 550; Wolf _v._ W. Tel. Co., 62 Pa.
St. 83.
[733] N. Y. & Wash. Tel. Co. _v._ Dryburgh, 35 Penn. St. 298; True _v._
International Tel. Co., 60 Maine, 9; Sweetland _v._ Illinois, etc.,
Tel. Co., 27 Iowa, 433.
[734] Seilers _v._ W. U. Tel. Co., 3 Am. Law Reg. 777.
[735] Birney _v._ N. Y. & Wash. Tel. Co., 18 Maryland, 341.
[736] U. S. Tel. Co. _v._ Gildersleeve, 29 Maryland, 232; Bryant _v._
Am. Tel. Co., 1 Daly, 575.
[737] Ellis _v._ Am. Tel. Co., 13 Allen, 226; and Wann _v._ West. U.
Tel. Co., 37 Mo. 472.
[738] La Grange _v._ S. W. Tel. Co., 25 La. An. 385.
[739] True _v._ International Tel. Co., 60 Maine, 9.
[740] Squire _v._ W. U. Tel. Co., 98 Mass. 232.
[741] Camp _v._ West. Union Tel. Co., 1 Met. (Ky.) 164.
[742] West. Union Tel. Co. _v._ Carew, 15 Mich. 525; Wolf _v._ W. Tel.
Co., 62 Pa. St. 83; but see Henderson _v._ Stevenson, L. R., 2 S. & D.
470.
[743] Shepherd _v._ Bristol & Ex. Rw., L. R., 3 Ex. 189; Mote _v._
Chicago & N. W. Rw., 1 Am. Rep. 212; 27 Iowa, 22; Burnell _v._ N. Y.
C., 45 N. Y. 187; Rock Island & Pacific Rw. _v._ Fairclough, 52 Ill.
106.
[744] Bartholemew _v._ St. Louis, Jacksonville, etc., Rw., 53 Ill. 227.
[745] Inman _v._ Buffalo & L. H. Rw., 7 U. C. C. P. 325; O’Neill _v._
Great Western Rw., Ibid. 203; Bowie _v._ Buffalo, Brantford, & G. Rw.,
Ibid. 191.
[746] Roth _v._ Buffalo & State Line Rw., 34 N. Y. 548.
[747] Penton _v._ Grand Trunk Rw., 28 U. C. Q. B. 367; Campbell _v._
The same, Hilary Term, 1873 (Ont.).
[748] Minor _v._ Chicago & North Western Rw., 19 Wis. 40.
[749] Ouimit _v._ Henshaw, 35 Vt. 605.
[750] Jones _v._ Norwich & N. Y. T. Co., 50 Barb. 193.
INDEX.
A.
PAGE
=Accident=, different kinds of, 7
horses frightened by, 5
not sufficient proof of negligence, 106, 177
carriers not liable for unforeseen, 54, 176
number of, 185, 188
=Accident Insurance=, what is an accident?, 36
Lord Cockburn’ s definition, 36
Michigan definition, 36
Maryland and New York, 36, 37
injury, no accident to car, 37
compensation for injuries, 37, 38
none for loss of time, 38
injuries from external causes, 39
while bathing, 40
caused by negligence, 41
wilful exposure, 42
=Acts of Parliament=, not those of the Apostles, 119
=Agents.= (See SERVANTS.)
carrier liable for torts of, 248-251
for wilful acts within range of employment, 248
injured one must show authority of, 248
persons acting, presumed to be, 250
assault by, 249
exemplary damages, 250
carrier liable if agents disobey, 251
but not when they exceed authority, 251
=Alighting at Railway Stations=, cars should be stopped at safe
place, 147, 148
is calling out name an invitation to alight, 152-154
depends on circumstances, 153
stopping of train an invitation, 153
calling out name a mere intimation, 154
jumping off the steps, 150, 151
company should assist at difficult places, 154
passenger should ask train to be put in a proper place, 154
alighting when warned not to, 155
sufficient time must be given, 155
sick or drunken passengers, 156
=American Cases=, authority of, 109
=Anecdote=, Lord Kenyon and Erskine, 19
The Devil’s Invincibles, 59
a sleeping-car, 205
=Arrests=, by carrier’s servants, 166, 251
=Authority, Acts in Excess of=, arresting to prevent a crime, 166
carriers not liable for acts of agents, 251
B.
=Baby=, value of leg of, 222
=Baggage of Passengers.= (See CHECKING BAGGAGE.)
falling on one’s toes, 123
checking, 95, 96
what is personal baggage?, 158, 162, 240
owner may recover for loss, unless negligent, 82, 159
what is not personal baggage, 160, 165
goods cannot be taken instead of, 161
carrier not liable beyond actual value, 164
notice limiting liability, 165, 239
when liability begins, 236
when it ceases, 258, 259
can only recover for one’s own, 237
left in car by servant, 237
need not be marked with name, 237
carrier liable even if with owner, 83, 238
loss on other lines, 238, 239
money with baggage, 108-110
is a present baggage?, 241
what is sufficient re-delivery, 242, 258, 259
hotel omnibuses, lost in, 242
liability ceases when ready for re-delivery, 257
loss of by fire at station, 257
stolen from warehouse, 258
owner should remove it in reasonable time, 259
not properly packed, 48
carrier has lien on, for fare, 76
=Bed-clothing=, is it baggage?, 163
=Bridge=, when municipality must repair, 85
at railway station, out of repair, 93
C.
=Calling out name of station=, duty of conductor (See ALIGHTING AT
STATIONS.), 153, 155
=Care.= (See DUE CARE, NEGLIGENCE, PASSENGER CARRIERS.)
=Carelessness.= (See NEGLIGENCE.)
_Of Railway Company_, misplacement of switch, 104
injury not positive proof of, 106
_Of Injured Party_, jumping off platform, 105
running against fixtures, 105
losing money, 110
jumping off train, 150-152
jumping off train in motion, 122, 155, 235
=Carriers’ Act=, 111
=Carrying past Stations=, damages for, 120, 121
=Change=, right to expect or demand, 125
helping one’s self to, 166
=Checking Baggage=, when must be done, 95, 96
penalty for refusing, 95
not necessary, 158
is merely additional precaution, 159
check is evidence of receipt of baggage, 167
=Children=, running over, 26, 27
damages for injuring, 196-200
loss of leg and hand, 196
travelling without ticket, 197
misconduct of guardian, 198-200
wandering about, 199, 200
care required of parents, 200
damages for death of, 218, 219
value of limbs of, 196, 222
=Cloak Room=, should be kept open, 164
=Colored Persons=, separate cars for, 128
=Compensation.= (See ACCIDENT INSURANCE, DEATH, DAMAGES.)
=Conductor=, wilful delay of, 101
his hat and badge, 111
his duty when there is fighting in cars, 126, 127
whom he may refuse to receive, 126
when he may eject passenger, 131
is the agent of company, 133
carelessness of, 170, 171
should call out names of stations, 155
kissing a traveller, 249
=Crossings.= (See RAILWAY CROSSINGS.)
=C’rum Cater=, 147
D.
=Damages.= (See PASSENGER CARRIERS, NEGLIGENCE.)
from bad roads, 30, 33
trains behind hand, 98, 99
unpunctuality of trains, 99, 100
passenger carried too far, 120, 121
passenger bitten by dog, 124
passenger injured by others, 127
passenger unlawfully ejected, 132, 135
too remote, 133
for loss of baggage. (See BAGGAGE.)
injury caused by _vis major_, 178
unforseen accidents, 176, 182
discoverable defects, 177, 179
injuries to children. (See CHILDREN.)
to passengers and employees, 209, 226
injuries producing death. (See DEATH.)
amounts recovered for injuries and death, 218-223
excessive, ground for new trial, 222
prospective, 223
for what injuries given, 223, 224
=Deadhead.= (See FREE PASSENGERS.)
=Death Produced by Injuries=, remedy for, purely statutory, 209
Lord Campbell’s Act, 209
who may sue for damages, 210
damages for pecuniary loss, 210
for mental anguish, 210-212
loss of wife, 212
loss of mother, 212
death must not be instantaneous, 214
different rules as to amount of damages, 214-217
damages not to be full compensation, 217
deceased diseased, or of bad character, 217
or heavily insured, 217, 218
amounts given, 218-220
settlement before death, 218
=Delay=, carrier liable in damages for, 98, 99
from bad roads, 25
=Devil’s Invincibles, the=, 59
=Dog=, company responsible for acts of, at station, 124
lost dog, 235
=Driving.= (See STAGE COACHES, ROAD.)
negligence in, chapters I. and II.
owner, if driving, responsible, 13
carriage jointly hired, joint liability, 13
too fast, 22
upsetting, 23, 29, 56
turning out, when, 23
running over children, 26, 27
running against drunken men, 28
driver must be capable, 29
horses running away, 31-34, 55
horses shying, 32
horses and carriage must be sound, 33
need not examine carriage every day, 65, 66
in dangerous places, 84
=Drunken Passenger=, when carrier may refuse to take, 126, 127
when conductor must assist, 156
=Due Care=, what it is, 182
carrier must exercise, 176
not enough to give up passenger’s corpse, 176
carrier must use best precautions in practical use, 177
E.
=Eviction from Cars=, for not showing ticket, 125
=Excessive Damages=, a ground for new trial, 222
=Excursion Trains=, company liable for accidents on, 202
F.
=Fare.= (See TICKETS, PASSENGERS.)
passenger refusing to pay on cars, 125
prepayment on stages, 45, 47
if paid, seat reserved, 46
if not prepaid, payable at end of journey, 47
carrier has lien on baggage for, 76
but not on passenger, 76, 139
tendering at last moment, 125
must be paid even if no seat provided, 130
=Ferryman=, Fare in advance to, 68
must provide safe boats, etc., 68, 69
liable for safety of horses, though driven by owner, 69, 70
must work at all times, 70
horses jumping overboard, 70
=Fighting in Car=, 126, 127
=Fingers, Squeezing, in Car=, 170, 171
=Fire=, baggage burnt at station, 257, 258
=Fishing-Rod=, is personal baggage, 243
=Fog=, accidents arising from, 54
=Free-pass Holders=, entitled to be carried safely, 201, 202
unless special agreement exempting carrier, 202, 204
newsboy, 204
loss of baggage of, 236
G.
=Getting on and off=, stage coach, 79
train in motion, 155, 235
=Good for this day only=, ticket marked, 114
or “for this trip”, 114
“for twenty days from date”, 115
=Gun and Pistols=, considered personal luggage, 243, 244
H.
=Hand=, value of a, 220
=Horses Running Away=, 31, 34, 55
=Husband and Wife=, entitled to carry double baggage, 107
henpecked husband’s will, 213
injuries to wife, 224
I.
=Ice and Snow=, on roads and sidewalks, 8, 9
falling off houses, 10
on railway platforms, 94
=Indian Railways=, 175
=Indecision=, 75, 163
=Infirm and Aged People=, accidents to, 11, 12
=Insurance against Accidents=, 36-42
=Invitation to alight.= (See ALIGHTING AT STATIONS.)
=Iron Horse=, injuries from charge of, 104
J.
=Jewelry=, is personal baggage, 240, 245
=Jumping off= stage coach, 50
train in motion, 122, 155, 235
through fear of accidents, 122, 156
=Junctions=, liability of various companies at, 123
=Jury=, decisions of, 195
K.
=Kiss=, company pays for conductor’s, 249
L.
=Ladies’ Car=, who may use, 129
when train full men may enter, 130
=Lawyers=, 76, 77
=Leg=, value of a, 221
value of a baby’s, 222
=Limitation of Liability=, of carriers for baggage, 165, 239
=Locomotives=, must ring or whistle at crossings, 64, 88
=Loss of Time=, 224
=Lost Baggage.= (See BAGGAGE.)
=Lost Ticket.= (See TICKET.)
loss of ticket falls on passenger, 117, 118
even though previous purchase proved, 119
M.
=Man run over=, 232
=Master.= (See RAILWAY COMPANY, STAGES, STEAMBOAT.)
when liable for acts of servants, 2, 3
=Matrimonial Prospects=, damages for injuries to, 224, 225
=Merchandise=, not personal baggage, 245
=Money of Passengers=, when carrier liable for, 82, 108-110
negligence of passengers, 83, 110
not beyond a reasonable sum, 108
=Musical Instruments=, are they personal baggage?, 244
N.
=Negligence of Party.= (See PASSENGER CARRIERS.)
in charge of children, 27
in driving, 30-34
plaintiff in fault, 28
party is affected by driver’s negligence, 65
at stations, 105
arms and legs projecting, 169
injury received in alighting, 151, 152
in entering car, 171
on platform car, or in baggage, wood, or freight car, 190-194
no room inside, 191
party in express car, 192
when killed, 210
=Negligence of Railway Companies=, injury not sufficient proof of, 106
starting train too soon, 122
baggage falling on passenger, 123
stopping at unsafe places, 147-153
defect in car window, 169
squeezing fingers, 170, 171
unforeseen accident, 176
injury _primâ facie_ proof of negligence, 177
latent defects, 181, 182
loss of a dog, 235
not whistling at crossings, 64
(See RAILWAY COMPANY, STATIONS.)
=Negligence of Servants=, in driving, 2, 3, 4
towards fellow-servants, 4
baggage falling off track, 127
=Negligence of Stage Coach Owner=, liable for negligence of driver,
50, 51
drivers must watch where they go, 51
plaintiff’s negligence, 51
owner answerable for smallest negligence, 52
or defects in the coach, 52
unless defects are hidden, 52
driver must be discreet, and all things sound, 53
owners not actual insurers, 54
real accidents, 54, 55
horses running away, 55
passenger suffers from driver’s neglect, 56, 65
party falling in ascending, 79
damage from rain, 81
acts of God, 81
driver charging for parcels, 83
dangerous places, 84
P.
=Passenger.= (See FARE, TICKET.)
_By Coach._
negligence of driver affects passenger, 56, 65
driver must stop at usual places, 78
_By Railway._
on wrong train, 122
refusing to pay, may be put off, 125, 131
tendering fare at last moment, 125
drunk and disorderly, 126, 127
may be excluded for bad conduct, 127
should be treated with respect, 129
without seat, must pay, 130
but may sue the company, 130, 131
when he may be put off, 131
ticket mislaid, 132
damages for ejectment, 132-134
killed in being put off, 135
better quietly submit to conductor, 135, 136
getting off at intermediate stations, 137, 140
not delivering up or showing ticket, 137
rights at way stations, 140, 141
must conform to regulations, 190
in improper places, 190-193
walking through train, 194
=Passenger Carriers=, not insurers, 54, 176, 181
extent of liability, 52-54, 181-184
=Pedestrians=, may walk on road, 3, 15
must look out at crossings, 15
R.
=Railway Accidents=, very few, 185-188
=Railway Companies.= (See NEGLIGENCE.)
sign-post in the way, 67
letting off steam at crossing, 67
must take more care of passengers than strangers, 92
need only stop at usual places, 121
must maintain order, 127
must forward passengers if line blocked, 173
are not insurers of passengers, 176, 181
extent of liability, 176, 180
rule in England as to liability, 178
in New York, 177
do not warrant that car is perfect, 181
presumption when passenger injured, 177, 180
responsible for utmost care, 176, 178, 183
obligation extends to all apparatus of transportation, 177, 178
perfect apparatus not expected, 177, 182
degree of care required, 181-184
must adopt every precaution in known use, 177
contributory negligence, 190
seats must be provided, 190, 191
too many in train, 192
injuries to children. (See CHILDREN.)
responsible for all lawfully aboard, 201
may limit liability, 202-204
limitation does not extend to independent wrongs, 203
injuries producing death. (See DEATH.)
liability for acts of agents and servants. (See AGENTS, SERVANTS.)
bad construction of line, 208
rule as to passengers and employees, 209-228
wrongs done by strangers, 232, 233
when liability for baggage ceases, 257, 258
afterwards liable as warehousemen, 257
=Railway Act of 1868=, 119
=Railway Crossings=, people must look out at, 63, 64
letting off steam at, 67, 68
watchmen not always needed at, 88
when crossing dangerous, 89
bell or whistle to be sounded at, 64, 88, 89
diligence required in crossing, though bell is not rung, 64, 90, 91
negligence of driver of carriage affects all in it, 65
leaving railway gates open, 90
rails must be level with road, 92
=Railway Police=, 167
=Railway Stations.= (See ALIGHTING AT STATIONS.)
company liable for dangerous access to, 93, 145
dangers at, 94, 104
must be fit for occupation, 103
must be careful at, 106, 141
ferocious dogs at, 124
platforms, 106, 145, 154
hole in platform, 143
should be properly fenced, 144
should be lighted, 145
=Road=, should be kept in repair, 8, 57
slippery, 8
repair depends on locality, 11
railing giving way on, 12
accidents on Sunday on, 18, 19
snow and ice on, 23, 24
when impassable may go in fields, 24, 26
deviating from, 29
=Road, Laws of the.= (See DRIVING.)
keeping on right side, 14
greater care needed on wrong side, 14, 70, 73
rules in England, Canada and United States, 71
may be departed from, 72
passing laden wagons, 72, 74
not applicable to buildings, 74
=Runaway Horses=, injuries done by, 6, 31, 55
=Rural Sights and Sounds=, 60, 64
S.
=Samples and Patterns=, not personal luggage, 165
=Servants.= (See MASTERS, RAILWAY, STAGE.)
when master liable for acts of, 3
master in general not liable for injuries to, 4
negligence of fellow-servants, 226-228
improper servants or machinery, 226
who is a fellow-servant?, 228
servants of different grades, 228
=Sidewalks=, should be safe and in repair, 8
slippery, 9
=Sleeping-car Scene=, 205
=Smoking-car=, 130
=Snakes and Eels=, 6
=Snow Blockade=, duty of company, 173
on Pacific Railway, 175
=Stage Coaches.= (See NEGLIGENCE.)
literature of, 44
payment of fare. (See FARE.)
owner warrants soundness of stage and equipments, 45, 46, 53
reserving inside, 46
racing, 49
negligence of driver, 50, 51
passenger entitled to seat as agreed, 46, 79
jolted off, 57
time for refreshments, 78
when fare paid, seat may be taken at any time, 79
owners not actual insurers, 54
=Stations.= (See RAILWAY STATIONS.)
=Stairway, slippery=, 94
=Stopping at way stations=, 115
=Strangers, acts of=, 102
=Sunday=, deeds of necessity and charity allowed on, 16, 17
visiting sweetheart, 16
going to church on, 17
accidents on, 18
T.
=Telegrams and Telegraph Companies=, specimen telegrams, 252, 255
company responsible for negligence, 252
notice as to repeating telegrams, 252, 254
effect of notice, 254, 255
does not free from wilful mistakes, 254
or delay in delivery, 254
sender must be aware of the rule, 254
company liable for their own default, 253
who may sue, 253, 254
=Ticket=, not proof of contract to carry, 101, 121
annual or season, 111
passenger need not buy before starting, 112, 125, 138
must be produced when demanded, 113
exchanging ticket for check, 113
“good for this day only”, 114
“good for this trip only”, 114
unmutilated, but old, 114
coupon ticket, 115
cannot be used twice, 115
if journey interrupted, ticket useless, 116
if lost, fare must be paid again, 117, 118, 139
even if previous payment proved, 118, 119
producing ticket, or eviction, 125
ticket mislaid, 132
unlawfully taken by conductor, 133
discount on, 138
children without, 197
through ticket, 230, 231
=Time Tables=, representations in, 98
must be produced, 101
proof of, 101
change of, 99
=Title Deeds=, not personal baggage, 160
=Tobacco-perfumed Stations=, 103
=Track=, must be kept in order, 229
=Trains=, must be run at regular hours, 96
time of starting must be advertised, 96
unpunctuality of, 98, 99
missing connection, 99, 100
taking special train, 100
separate car for colored people, 129
ladies’ car, 129
excursion trains, 128
smoking car, 130
starting too soon and without notice, 140, 141
running over a man, 232
=Travelling in Carriage=, within meaning of accident ticket, 40, 41
U.
=Upsetting.= (See DRIVING.)
V.
=Velocipedes are nuisances=, 12
W.
=Walking on Track=, 92
=Windows of Car=, falling down, 169
need not be protected, 170
Transcriber’s Notes
Errors in punctuation have been fixed.
Page 19: In the footnote, “Sutton _v._ Wauwantosa” changed to “Sutton
_v._ Wauwatosa.”
Page 29: “To the tintinabulation” changed to “To the tintinnabulation”
Page 48: In the footnote, “Mallory _v._ Traveller” changed to “Mallory
_v._ Travelers’”
Page 155: “when one attemped” changed to “when one attempted”
Page 161: “a bran new” changed to “a brand new”
Page 171: “in shutting to the” changed to “in shutting the”
Page 201: “the president of of one” changed to “the president of one”
Page 248: “the conrse” changed to “the course”