Page:The Working and Management of an English Railway.djvu/319

From Wikisource
Jump to navigation Jump to search
This page has been validated.
ON LAW RELATING TO RAILWAY COMPANIES.
281

for which he has paid, and there is evidence that he has acted with a fraudulent intent, he is liable to a penalty, and may be detained by any officer of the company, or by any peace officer, until he can be brought before a justice for the purpose of punishment. If there is no evidence of fraud, the company have no right to detain the individual or to use force to expel him from the train after he has commenced his journey; their proper course is to exercise the right, which they possess, of Hen on his luggage for payment of the fare, or to sue him in a court of justice.

(10.) Under the bye-laws of railway companies which they are by Act of Parliament empowered to make, and which are legal and binding, a passenger is bound to show his ticket when requested to do so by any servant of the company.

(11.) In an action against a railway company for refusing to carry, or for not carrying, a passenger within a reasonable time, the plaintiff, on proof of negligence, is entitled to recover any extra expense he may have reasonably incurred in reaching his destination by other means, and he may also, within certain limits, recover damages for any loss or expense which he may have sustained by reason of the delay; but the extent to which these special, or consequential, damages may be recovered involves the consideration of many intricate questions of law which would be beyond the scope of this chapter, although the principles already laid down with regard to the recovery of special damages for delay to goods may be taken as generally applicable.

In an action for loss of, or injury to, the luggage of a passenger, or for delay in delivery, the damages will