REMEDIES AGAINST CARRIERS.

10624. Disputed Carriage.-When a consignor or consignee is dissatisfied with the demand made upon him for carriage of goods, he is entitled after payment to a detailed account, and may recover any overcharge which may prove to have been made; and

10625. Account of Particulars.-Railway companies are bound to furnish particulars to any person who may have paid them an amount for carriage of goods, on application in writing by such person, within one week after payment, addressed to the secretary of the company; and

10626. Details.-Such particulars must set forth how much of the charge is for conveyance of the goods by railway, including tolls for the use of the railway, for the use of carriages, and for locomotive power, and how much is for loading and unloading, collection, delivery, and any other expense.

10627. Amalgamated Railways.—If two railways are worked by one company, the charges for carriage must be made as though both railways were the property of the acting company.

PROPERTY DURING TRANSIT.

10628. Vested in Carriers.-Carriers acquire a special property in the goods entrusted to them for transit; therefore,

10629. Remedies Against Strangers.—They are entitled to sue or prosecute in respect of detention, injury, loss, or theft by other parties, as between them and such other parties; but,

10630. Doubtful Ownership.-As between carriers, consignors, and consignees, the property in goods during transit rests with one of the two latter, as the case may be; and

TITLE TO RECOVERY.

10631. Evidence of Ownership.-The right of the consignor or the consignee to sue and recover from the carrier depends upon the evidence of ownership on the part of either of them respectively.

10632. Prepayment.-Whether the carriage is prepaid or not makes no difference.

10633. After Bargain.-If goods in the carrier's hands have been completely bargained and sold (5450) to the consignee, the ownership and sole right of recovery rests with him; in that

case,

10634. Consignor Excluded.-The consignor has no right to interfere; and

10635. Consignor Sacrificed.-If he does interfere, he impliedly sacrifices his right of action against the consignee; because,

10636. Right of Property.-When a consignor proceeds against a carrier, he impliedly sets up a right of property in the goods; and 10637. Action Barred.—Unless the right of the consignee to property in the goods is admitted no action can be against him (5507).

10638. Goods on Sale.-When goods are sent by a consignor expressly" on sale,” or “on approval;" or,

10639. Without Bargain.-When they are sent without a distinct preliminary of bargain and sale (5450), the ownership and sole right of recovery rests with the consignor; in that case,

10640. Consignee Excluded.-The consignee has no right to interfere; and

10641. Right of Property.-If he does interfere, he thereby impliedly sets up a right of property in the goods, and may thus commit himself to a debt in respect of them.

JOINT OWNERSHIP.

10642. Joint or Several.—When a package in respect of which a carrier is sued contains the property of various parties, they may either sue each in respect of his own property or jointly in one action.

MANUFACTURING PROCESSES.

10643. Double Claims.-The most curious cases of double claims upon carriers are those in respect of goods which have been entrusted by one party to another to undergo some process; thus,

10644. Watch Jewelling.—If a Birmingham watchmaker sends a watch to a Clerkenwell jeweller to be re-jewelled, and the watch is lost on its way back per railway, the watchmaker has his action to the amount of £10 at any rate (10496), and the jeweller has his separate action for the value of the jewels and repairs, which in that case he cannot recover from the watchmaker unless there is a special agreement between them.

10645. Calico Printing.-If a calico printer prints a hundred miles of calico for a Manchester warehouseman, and, after the process, sends it back to his employer by canal and it is sunk in transit or destroyed by an accidental fire, the warehouseman must sue the carrier for the value of the calico, and the printer must sue the carrier for his charge for printing.

10646. Laundry Operations.-If a laundress at Hornsey Rise returns a basket of clothes to Grosvenor Square by a common

stage carrier, and he suffers the clothes to be lost or stolen, the owner of the clothes can recover from him their value and the laundress her charge for the labour bestowed by her.

AMOUNT OF LIABILITY.

10647. In all disputes concerning detention, injury, or loss of goods in transit, not only the question of fact but the question of amount has to be considered.

10648. Detention and Loss.—In the case of mere detention, actual loss clearly arising out of such detention must be proved.

10649. Injury.-When property is injured during transit, there is a wide margin for dispute as to the amount claimable :

10650. Evidence.-Clear evidence of actual injury after delivery to the carrier must be adduced; and

10651. Degree.-The amount or degree of injury must be proved beyond a doubt; but,

10652. Equivalent to Destruction.-There are cases where injury may be of such a character as to be equivalent to entire destruction; and

10653. Additional Damages.—If the injury is of such a character as to make the goods worthless for their purpose, and there is not time to procure a fresh supply, a claim for additional damages arises; and

10654. Breach of Contract. In all cases carriers are liable for special damages when a consignee is forced into a breach of contract by reason of an irremediable detention, injury, or loss of his goods in transit.

STATUTORY VALUES.

10655. Inferior Animals.-Though the statutes limit the liability of carriers in respect of animals not otherwise declared, it does not follow that every animal not declared is of the statutory value— that is a point which must be determined upon its merits, irrespective of the statute.

DECLARED VALUES.

10656. Not Conclusive.—When animals or special goods (10496) are consigned to a carrier under a declaration of a certain value, that declaration is not necessarily conclusive evidence.

10657. Limit to Declaration.-In the event of an action arising the owner is limited, in any case, to the amount declared for; but, 10658. Proof of Value.-If the declaration of value is proved to be greater than the actual value of the animal or special goods, the carrier is not bound by the declaration unless evidence can be pro

duced that it does not exceed the actual value, of which there must be separate proof; but,

10659. Extra Charge Returnable.—When a verdict goes against a carrier, in respect of an animal or special goods concerning which a declaration has been made and an extra charge paid, the plaintiff is entitled to the return of such extra charge in addition to full compensation and damages, if any,

CARRIERS OF PASSENGERS.

DEFINITION.

10660. Every person is a carrier of passengers who impliedly or expressly gives out that he runs a vehicle or vehicles at stated times for the purpose.

10661. All Comers.-A carrier of passengers is, with some excep tions (10662), bound to carry every person who proposes to ride, and who tenders the regular charge of the carrier for the journey proposed; but,

10662. Objectionable Persons.—A carrier is justified in refusing to carry, on any terms, any person who is intoxicated, dirty, or uproarious, or who is otherwise calculated to be an injury or an unreasonable nuisance to other passengers, or an injury to the carrier's vehicle, or if the vehicle is full; but,

10663. Reasonable Refusal.—The refusal of a carrier to convey a passenger must be reasonable and justifiable, upon evidence, according to the circumstances.

FARES.

10664. Fixed Rates.—Carriers of passengers are generally bound by fixed rates of charges, called fares, prescribed either for them or by them; and

10665. Sudden Advances.—When once a carrier's charges for the conveyance of passengers are notoriously established, he cannot legally advance them suddenly without notice; and

10666. Uniformity.—The charges to all must be alike, unless there is a special contract; or,

10667. Gratis.—Unless the carrier thinks proper to carry a friend gratis; though carrying a passenger gratis does not relieve the carrier of his liabilities towards the person carried (10694).

PREPAYMENT.

10668. Not Invariable.-Railway companies under their parliamentary powers are entitled to invariable prepayment of fares (10912), but it is not so with all carriers of passengers.

10669. Return of Fares.—If a person prepays his fare by any kind of conveyance he is entitled to the return of the whole of his money if the conveyance does not start at or reasonably near its appointed time, or if the carrier fails to reasonably convey him to his destination; for,

10670. Break-Down.-If a passenger is in transit to a stated destination in the vehicle of a carrier, and the vehicle breaks down previously to reaching such destination, or the carrier is unable for any cause to convey the passenger to such destination, though ninety-nine hundredths or more of the journey may have been accomplished, the carrier cannot recover any portion of his stipulated fare; and

BINDING CONTRACTS.

10671. Detention.-Every carrier is liable to his passenger in damages for anyunreasonable detention or other breach of contract whereby a passenger suffers a distinct pecuniary loss.

10672. Right by Possession,-When a passenger is seated upon a carrier's vehicle, and he is permitted, without proviso, to remain seated until after the vehicle has proceeded on its journey, he is entitled to his seat by right of possession, and cannot legally be displaced or deprived, whether he has paid his fare or not-railway passengers excepted in the last-named particular; but,

RESERVED SEATS.

10673. Not Paid For.-It has been decided that though a person may have booked his name for a place by a carrier's vehicle, if he has not paid his fare the carrier is not in the least bound to reserve him a seat; on the other hand,

10674. Prepaid.-If a person prepays a carrier his fare to a stated destination by a particular vehicle and a particular journey, he is entitled to a seat or to any particular seat he may have stipulated for; and

10675. Must be Reserved.-When a person has bespoken a seat in a particular vehicle of a carrier, and has prepaid for it, the carrier is bound to reserve it for him whether he is there at the proper time or not; for,

10676. All the Way.—If a person has prepaid for a seat in a