12. But the carrier must show no want of care on his part 13. Statement in bill of lading as to state of goods only primâ facie evi dence of fact 146 · 146 SECTION XX. TO WHAT EXTENT THE PARTY MAY BE A WITNESS. 1. At common law the party could not be a witness in such cases 3-5. Decisions in different states 147 . 147, 148 148 148, 149 6. Agents and servants of the company admitted to testify from necessity 7. Where the party's oath is not received the jury are allowed to go upon reasonable presumption SECTION XXI. EXTENT OF RESPONSIBILITY FOR BAGGAGE. 1 and 5. Not liable for merchandise which passenger carries covertly 149 149, 150, 154 2. And it makes no difference that the passenger has no other trunk 150-152 3. Jewelry, being female attire, and a watch in a trunk, proper baggage 152, 153 4, and note 12. So also are, money for expenses, books for reading, clothing, spectacles, tools of trade, and many other similar things 153, 154 5. Not responsible for merchandise as baggage 6. Carrier responsible for baggage when passenger goes by another con veyance 7. Cannot restrict all responsibility for baggage. May make reasonable regulations and follow them 8. Definition of trinkets under English statute 9. In England companies may exclude baggage from cheap trains SECTION XXII. CARRIERS' LIEN FOR FREIGHT. 1. Lien exists, but damage to goods must be deducted and freight must be earned 2. But if freight be paid through to first carrier, lien does not ordinarily attach 3. A wrong-doer cannot create a valid lien against the real owner 4-8. Illustration of the point last stated 9. Passenger carrier has lien upon baggage for fare 10. Carriers have no lien for general balance of account 11. Lien may be waived in same modes as other liens 12. Delivery obtained by fraud, goods will be restored by replevin 13. Last carrier in the route may detain goods till whole freight paid 14. Carrier cannot sell goods in satisfaction of lien 15. Owner may pay freight and sue for goods lost 16. Carrier is bound to keep goods reasonable time if refused by con SECTION XXIII. TIME OF DELIVERY. 2. Delay caused by unusual press of business will not make carrier liable 163 3. Or the loss of a bridge from an unusual freshet 4. Carriers excused by the custom and course of the navigation 1. Damages for total loss are the value of the goods at the place of desti- 2. Goods only damaged, owner bound to receive them, and the amount 3. Upon evidence of servants' unfaithfulness or negligence, some expla- nation must be given, or the company held liable 4. Company liable for special damages where they act malâ fide 6. Consignor owning the goods the proper party to sue 7. Consignor in such case not estopped by the act of consignee 8. Actions may be brought in the name of bailee or agent 9. Recovery in such cases bars the claim of general owner 10. Where general property in consignee, he should sue CHAPTER XXIV. COMMON CARRIERS OF PASSENGERS. 1. Are responsible for the utmost care and watchfulness. 2. Duty extends to everything connected with the transportation 6. Not easy to define the degree of care required 7. Passenger carriers not responsible for accidents without fault 8. They contract only for their own acts 9. They must adopt every precaution in known use 10, 11, and notes. Further discussion of the rule and the cases 1. Company not liable unless in fault. 2. Not liable where plaintiff's fault contributes directly to injury 3. Company liable for wilful misconduct, or such as plaintiff could not 5. But not where he knew his neglect would expose him to injury 6. May recover although riding in baggage car 8. May recover although out of his place on the train. 9. Plaintiff affected by negligence of those who carry him 10. Fault on one part will not excuse the other, if he can avoid commit- 11. Negligence to be determined by the jury where evidence conflicts 197, 198 12. Plaintiff must be lawfully in the place where injured . 13. Passengers bound to conform to regulations of company, and direc- 19. One cannot recover for an injury the result of heedlessness 20. The degree of precaution required of passenger-carriers 21. English courts recognize no difference between negligence and gross INJURIES BY LEAPING FROM THE CARRIAGES. 1. Passengers may recover, if they have reasonable cause to leap from 2. But not where their own misconduct exposes them to peril 3. But may recover, if injured in attempting to escape danger 4. Cannot excuse leaping from cars because train passes station 5. Must resort to their action for redress 6. Rule of law, where train passes station 7. Rules where a person enters the cars to see another seated 3. Where the party is in fault, no recovery can be had 4. By English courts, no damages allowed for mental suffering 5. In Pennsylvania, damages measured by probable accumulations 6. In Massachusetts, company subjected to fine not exceeding $ 5,000 7. Wife cannot maintain the action for death of husband, or father for 2. May excuse themselves by special notice 4. Not liable for injury caused by stage company connecting with rail- 5. Company excused by giving proper notice of the course of their trains 3. Not bound to carry disorderly passengers, or those otherwise offensive 4. Carrier liable in tort for breach of duty aside from any contract 5. Purchase of ticket does not constitute a contract 6. Company has a right to impose reasonable regulations as to carriage of passengers SECTION VIII. RULE OF DAMAGES FOR INJURIES TO PASSENGERS. 1. All damage, present and prospective, is recoverable 2. But these should be obvious, and not merely conjectural . 3. New trials allowed for excessive damages 4. But this only allowed in extreme cases 5. Counsel-fees not to be considered . 6. Some English judges doubt if damages should be claimed as compensation for pain 7. Not so viewed generally 8. Plaintiff may show value of his time lost. 9. Generally rests very much in discretion of jury. 10. In actions for loss of service, cannot include mental anguish 222, 223 223 11. Woman claiming damages for personal injury cannot prove state of her family or death of husband 12. Refusal of court to set aside verdict for excessive damages 224, 225 SECTION IX. CARRIERS OF PASSENGERS AND GOODS CANNOT DRIVE WITHIN THE PRECINCTS SECTION X. 225, 226 DUTY RESULTING FROM THE SALE OF THROUGH PASSENGER TICKETS, IN THE FORM 1. Not the same as where goods and baggage are ticketed through 3. The first company are to be regarded as agents for the others 227 227 228 228 228 228, 229 229 229 6. The companies being in different states and kingdoms makes no dif- 7. First company held liable for baggage not checked. tickets SECTION XI. HOW FAR THE DECLARATIONS OF THE PARTY ARE COMPETENT EVIDENCE. 1. Are competent to show state of health, in connection with other facts 2. But not to show the manner in which the injury occurred. 230 230 |