A by-law of the defendants, a railway company, was as follows : ‘ No passenger will be allowed to enter any carriage without having first paid his fare and obtained a ticket. Each passenger, on payment of his fare, will be furnished with a ticket, which such passenger is to shew when required, and to deliver up, before leaving the company’s premises, upon demand.’ The plaintiff took tickets for himself, his servants, and horses, by a particular train, on the defendants’ railway. The train was afterwards divided into two. The plaintiff travelled in the first train, taking all the tickets with him. When the second train with the servants and horses was about to start, the plaintiffs servants were required to produce their tickets, and on their being unable to do so, the defendants refused to carry them.
Held: in an action by the plaintiff for not carrying his servants, that as the defendants contracted with the plaintiff, and delivered the tickets to him and not to the servants, the defendants could not, under the by-law, justify their refusal to carry.
[1865] UKLawRpKQB 4, (1865-1866) LR 1 QB 7
Commonlii
England and Wales
Updated: 08 October 2021; Ref: scu.653031 br>