“As to carriers of goods or baggage taking pay and giving checks or tickets through, the first company is ordinarily liable for the entire route;[640] and in England it has been decided[641] that where a railway company contracts to carry a passenger from one terminus to another, and on the journey the train has to pass over the line of another railway company, the company issuing the ticket incurs the same responsibility as that other company, over whose line the train runs and by whose default the accident happens, would incur if the contract to carry had been entered into by them. The company issuing the ticket is liable for the negligence of the servants of any other company over whose line the passenger has to pass to reach his journey’s end; the contract with the passenger being the same whether the journey be entirely over the line of the first company, or partly over that of another company, and whether the passage over the other line be under an agreement to share profits or simply under running powers; and that contract is, not only that they will not be themselves guilty of any negligence, but that due care will be used in carrying the passengers from one end of the journey to the other, so far as is within the compass of railway management.[642] In fact, the rule in regard to companies that run over other roads than their own seems now to be pretty well established; and it is, that the first company is responsible for the entire route and must take the risk of the employees of the other companies;[643] and where another company has running powers over the first company’s line, the first company is not liable for any injury arising through the negligence of such other company; though if it were a case of goods they would be liable, because they are then insurers.”[644]
“I suppose in England you can only sue the company granting the ticket.”
“Yes. I would just add, so that you may have an exhaustive discourse on the subject, that if mischief arises from the act of a stranger in leaving a log of wood across the railway, or doing any other act which might endanger a railway train passing along the line of another company, an action cannot be maintained against the railway company, because in that case there would not be any direct or indirect breach of duty, or breach of contract, on their part; they would not be liable on their own line, or on any other company’s line for that;[645] the same doctrine was held where a stranger had wilfully and maliciously placed a stone upon the track which threw off the train.[646] If, however, a man falls off the cars on to the track, because he has no proper place to sit and his body throws the train off, this will afford no excuse for damages to the man’s luggage from such upsetting.[647] So, where the covetous greed of a young bullock induced him to force his way through a hedge to gain some tempting grass that grew luxuriantly on the track, and the collision with him of the train hurt Mr. Buxton who was on board; and it appeared that B. had been a passenger on the defendants’ railway to be carried from Y. to T., and to reach T. it was necessary to travel over the line belonging to another company, and while journeying over the latter line the affair of the bullock took place. The court held that the contract having been made with the defendants they were the proper parties to be sued. A new trial was, however, granted because the judge had directed the jury that it was negligence in the defendants if the fences were insufficient; the court considering that there was no statutory obligation on the company, towards their passengers, to keep up the fences.”[648]
“What would it have been if the bullock had jumped over the hedge instead of pushing through?” asked Jones.
“I don’t understand.” I returned.
“Why a case of cattle-lept-sy to be sure. Au revoir.”
FOOTNOTES:
[560] Gt. Western Rw. v. Fawcett; Same v. Braid, 1 Moore, P. C. C. (N. S.), 101; 9 Jur. (N. S.), 339.
[561] Con. Stat. Can. ch. 78.
[562] Willets v. Buffalo & Rochester Rw., 14 Barb. 385, where a lunatic was left by himself and in consequence was killed.