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sity for more than ordinary vigilance on the part of the passenger; thus,

10735. Violence to Portmanteau.-A passenger had a portmanteau put into a railway carriage with him. At an intermediate station he alighted to obtain refreshments, and afterwards, in the hurry of starting, being unable to find the proper carriage, he continued his journey in another. Subsequently he recovered his portmanteau, but it had been cut open and the contents were gone. held that the loss was due to the passenger's neglect, and that he was therefore not entitled to recover; and

It was

10736. Nic-nacs.-The carrier is not responsible for a purse, a reticule, a coat, a shawl, or other strictly personal object in use, or books, letters, or manuscripts in course of perusal, and therefore under the immediate care of the passenger.

10737. Express Delivery.-The greatest security which a passenger can obtain for luggage and all personal objects is to deliver them expressly to the carrier's servants; for,

10738. Luggage Van. -A railway company is invariably responsible for everything delivered for conveyance in the luggage van ; and

RESTORATION.

10739. Expressly Required.-Whether passengers' luggage is expressly handed over for conveyance or not, the carrier is not only answerable for its safety to the end of the journey, but for its restoration or delivery afterwards.

10740. Distinct Act.-Restoration of passengers' luggage consists of putting it expressly and unreservedly under the passenger's control. 10741. Lady and Maid.—An invalid lady and her maid arrived in London by rail, and the lady was assisted to a cab, upon which her luggage was placed by the servants of the company. The maid, on attempting to remove some smaller articles from the railway carriage, was desired by the company's servants not to trouble herself as they would see to the luggage. On reaching the residence of the lady, it was discovered for the first time that a dressing-case was missing, which had been put under the seat of the railway carriage. It was held that the company were liable as the dressing case was not delivered.

10742. Lost Carpet-Bag.-A passenger took with him into a railway carriage, a carpet-bag, and kept it in his own possession till the arrival of the train in London. On alighting from the carriage with his bag in his hand, he permitted a porter of the company to take it from him to secure a cab. The porter having found a cab, placed the bag

on the footboard, and proceeded to get other luggage of the passenger out of the train. On his return to the place where he left the cab, it had disappeared, and the bag was lost. The passenger was held entitled to recover; but,

10743. Over Confidence.-The various contingencies with reference to a passenger's luggage during a journey may obscure or extinguish the responsibility of the carrier as against an over-confident passenger; thus,

10744. Divided Responsibility.—A traveller having arrived by rail at a terminus, wished to pursue his journey by another company's railway whose station was contiguous. He asked a porter of the former company to carry his luggage to the other station, which the porter proceeded to do. The traveller never saw the luggage again. The former company pleaded that they had delivered the luggage as instructed, which the traveller could not disprove. The latter company pleaded the luggage had never been placed in their care, which the traveller could not prove. Between the two, though he tried two actions, he was unable to recover.

10745. Luggage of Servants.—If the luggage belonging to a servant is lost while travelling with his master, the servant is entitled to an action for recovery;

10746. Whether his fare is paid by himself or by his master makes no difference.

10747. No Prescribed Value.-As a general rule, carriers cannot prescribe the limit of their responsibility with reference to the value of passengers' luggage, any more than they can with reference to anything else they are bound to carry.

LABELLING LUGGAGE.

10748. Omission of Labelling.-A notice by a railway company that they will not be answerable for luggage which is not labelled, though it may be used to intimidate claimants into submission to losses, is no legal exoneration in respect of luggage not labelled; though,

10749. Resistance to Labelling.—If a passenger resists the labelling of his luggage, and thus makes an obstacle to the reasonable precaution of the company, partial or complete exoneration of the company may be the consequence; on the other hand,

10750. Rule against Labelling.-A porter refused to label a bundle made up of clothing wrapped in a shawl, and refused also to put it into the luggage van. The bundle was consequently left behind and lost, and the company were held liable, though there was a rule of the

company that such bundles should not be labelled, and the articles were of a character for which carriers of passengers are not usually liable (10709).

LUGGAGE OF EXCURSIONISTS.

10751. It has been held that when an excursion train at low fares is announced with the proviso "no luggage allowed" or "luggage under 50 lb. free, at passenger's risk," the proviso is a special contract of which the passenger is presumed to be informed (10889), and which absolves the company from all responsibility in reference to any luggage which a passenger under such a proviso may choose to carry, even though he be ignorant of the proviso.

RAILWAY COMPANIES.

SPECIAL OBLIGATIONS.

10752. In addition to the universal obligations imposed upon railway companies, as carriers of passengers (10660), and common carriers (10388), they are subjected to many special obligations imposed only upon them.

GOVERNMENT SUPERVISION.

10753. Board of Trade Control.-All railways are more or less subject to the supervision and control of the Board of Trade; thus,

PRELIMINARY REQUIREMENTS.

10754. Notice of Opening.-Every railway company, before opening a railway or any branch thereof for passenger traffic, is required to give notice of such intention to the Board of Trade; and

10755. Official Inspection.-The Board of Trade is empowered and required, upon receiving notice of the intended opening of any railway or portion thereof, to authorize the inspection of the railway, the stations, and the rolling-stock, by an officer instructed for the purpose; and

10756. Obstruction of Inspection.-Any person who obstructs, or refuses facilities to, an officer of the Board of Trade while on duty in the inspection of a railway, is liable to a penalty of £10 or three months' imprisonment; and

10757. Disregard of Inspection.-If a company should commence passenger traffic upon a railway before obtaining a certificate of inspection and approval by an officer of the Board of Trade, such company is liable to a penalty of £20 for every day upon which such traffic is carried on.

LEVEL CROSSINGS.

10758. Turnpike and Public Roaas.-Under the provisions of an Act of 1845, the Board o. Trade is required to refuse sanction of any level crossing of a railway over a turnpike or public carriage road, unless such crossing is expressly authorized by the special Act for constructing the railway; and

10759. Byeways and Footpaths.-Over byeways or footpaths, not being turnpike or public highways, level crossings of a later date than 1845 cannot be sanctioned unless two magistrates of the division have expressly given their consent thereto; but,

10760. Occupation Roads.—It does not appear that there is any universal prohibition of level crossings of however late a date, over what are called occupation roads, leading from one part of a farm or an estate to another part; provided, of course, that,

10761. Express Prevention.-If, at any particular point, the special Act forbids a level crossing, it will not be sanctioned by the Board of Trade.

COMPULSORY PRECAUTIONS.

10762. Gates. Wherever a level crossing is sanctioned over a horse road, the company must provide gates to the satisfaction of the Board of Trade; and

10763. Occupation Roads.—When a person in charge of cattle or a vehicle passing along an occupation road crosses a railway by a level crossing, he is liable personally for carelessness in so doing, and if he leaves the gates open or unfastened, he is liable to a penalty of £2 for every offence.

10764. Gate Keepers.-At every level crossing over a turnpike or public highway, the company must provide gatekeepers and a lodge for their shelter; and

10765. Personal Liability.—Every gatekeeper at a level crossing is personally liable for the proper closing of the gates, under a penalty of £2 for every offence; and

10766. Gates or Styles.-Wherever there is a level crossing over a byeway or footpath, the company is required to provide suitable gates or styles; and also,

10767. Notices of Caution.-To affix and maintain conspicuous

notices of caution to beware of the trains, under special liability for accidents if they neglect to do so.

10768. Screens.-The Board of Trade is authorized, upon representation of special danger from a level crossing, to order a screen or screens to be put up to prevent the frightening of horses; or otherwise, 10769. Abolition.-To order a complete alteration, so that the public road may pass over or under the railway.

WORKING REGULATIONS.

10770. Limitation of Speed.—Wherever level crossings over roads are permitted, the Board of Trade has power to prescribe the rate beyond which trains must not proceed over such crossings.

10771. Blowing off Steam.—If an engine driver blows off steam at a level crossing, and thereby frightens a horse or horses, the company are liable for any consequent injury.

10772. Shunting.-In every case of level crossings, shunting of trains is forbidden at that place.

BRIDGES.

10773. In all cases of modern railways, crossings of all turnpike and public highways, and almost all places where there is much traffic, must be effected by means of bridges constructed to the satisfaction of the Board of Trade, as set forth under the head of "Property " (1150).

DISTANCE MARKS.

10774. Every railway is required to set up and maintain posts or notices at intervals of a quarter of a mile, denoting the mileage, so that all distances from place to place may be thereby ascertained (10685).

RAILWAY TOLLS.

10775. Almost all railway companies are subject to the universal laws relating to common carriers, as dealt with elsewhere; but,

TRAFFIC OF STRANGERS.

10776. Additional Obligations.—In addition to the obligations of railway companies as common carriers (10388), they are compelled to permit the running of trucks, carriages, engines, and trains belonging to other persons and companies.

10777. Reasonable Provision.—The obligation of railway companies to permit and facilitate the running of vehicles belonging to other persons upon their lines is the more reasonable when it is considered that, but for that provision, some of the largest mercantile arrange ments would be hampered or prevented; as,

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