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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
2. Some of the American courts have received this testimony from ne-
cessity.

3-5. Decisions in different states

147

.

147, 148

148

148, 149

6. Agents and servants of the company admitted to testify from necessity

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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

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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

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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

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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.

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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

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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

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16. Carrier is bound to keep goods reasonable time if refused by con

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SECTION XXIII.

TIME OF DELIVERY.

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CHAPTER XXIV.

COMMON CARRIERS OF PASSENGERS.

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5. Company excused by giving proper notice of the course of their trains
and the places of changing cars.

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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

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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

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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

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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
13. The right to damages, question of law; the amount, one of fact
14. Chief Baron Pollock's commentary on these questions
15. Special damages cannot be recovered, unless alleged and proved

224, 225

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SECTION IX.

CARRIERS OF PASSENGERS AND GOODS CANNOT DRIVE WITHIN THE PRECINCTS
OF A RAILWAY STATION .

SECTION X.

225, 226

DUTY RESULTING FROM THE SALE OF THROUGH PASSENGER TICKETS, IN THE FORM
OF COUPONS.

1. Not the same as where goods and baggage are ticketed through
2. It is to be regarded as a distinct sale of separate tickets for different
roads

3. The first company are to be regarded as agents for the others
4. If the business of the entire line is consolidated, it is different
5. But in general it is not regarded as a case of partnership

227

227

228

228

228

228, 229

229

229

6. The companies being in different states and kingdoms makes no dif-
ference

7. First company
8. So, for an injury occurring on another line, over which they had sold

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

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