A railway passenger on a Friday afternoon took a first-class return ticket from A to P, the ticket having on its face ‘Saturday fare.’ The passenger noticing this, made inquires, and was informed by the company’s station-master at A that the ticket was available, according to the account of the latter, for all trains on Saturday and Monday; according to the passenger’s account, by all mailtrains. There was no train to A on Sunday, A being a station on a branch line, but trains stopped at a junction about twelve miles off. The ticket was not available on Sunday, regulations to that effect being posted up in the station at A, though ex facie of the ticket there was no intimation of that fact. On Sunday morning the passenger took his seat in a carriage at P; being asked to show his ticket, he did so at once, when he was told that it was not available, and that he must get another. This he refused to do, stating that the ticket was sufficient, and that he had been told so by the stationmaster at A. Being again told that he must get another ticket, or that he would be taken out of the carriage, he still refused, and accordingly was removed from the carriage by the officials, but with no undue violence. After the train started he hired a post-chaise and drove in it to the junction named above.
In an action of damages, and for payment of the expenses incurred in the hire, at his instance against the company, held ( per Lords Ormidale and Gifford) that the company were not liable in damages in respect?(1) that the ticket was not available on Sunday, and that this was sufficiently intimated to the passenger by the words ‘Saturday fare’ and the posters in the station; and (2) that therefore the passenger was in the position of having no ticket, and notwithstanding that he had no fraudulent intent the company were entitled to expel him from the carriage, under the 96th and 97th sections of the Railways Clauses Consolidation (Scotland) Act 1845; and ( per Lord Justice-Clerk) that the passenger, having been informed at Perth by the company’s servants that he was wrongfully in the carriage, should have at once yielded, and trusted to his after remedy.
[1878] SLR 15 – 608
Bailii
Railways Clauses Consolidation (Scotland) Act 1845 96 97
Scotland
Contract
Updated: 24 January 2022; Ref: scu.577401
