PASSENGERS By LAND Aran SEA. The law affecting passengers by land. in a car riage or public conveyance, may be stated as follows: The owners of the railway or other carriage do not contract to carry the passenger with perfect safety; they do not rr waant that hewill not be injueed; but they merely contract to carry hint without any negligence on their part. Hence, in ease of accident, though it is not strictly correct in point of law to assume that the accident arose from some negligence of the carrier, unless there is evidence to support it, this presumption is in point of fact always made, and it lies on the carrier to show that it was from no fault or negligence on his part that the accident luippened. As questions of negligence must almost always he decided by a jury, and their prepossessions are against admitting the idea that accidents arise from any cause except negligence of the carrier—which is a wholesome doctrine—it seldom ever happens that a railway or public company attempt to dispute their responsibility on that ground. The rule is that a railway company is responsible for the negligence of any of their servants; and hence in case of accidents, all passengers injured, and in enso of death, the parent, husband, wife, or children of the deceased passenger, invariably make a claim of compensation, except when the accident was caused by the passenger's own personal negligence. For while a carrier is bound to use due cure to carry the passenger with safety, it is equally true that the passenger is at the same time bound to take ordinn•y care of himself, and not act in a rash or foolish way, so as to lead to an accident. Before railways end canals were in use, it was sometimes doubted whether it was not the duly of the carriers by coach to carry all persons who presented themselves and offered to pay their fare; hut this notion is exploded, and even railway companies are not bound to carry everybody who comes, but merely to give reasonable accom modation to the ordinary number, Otherwise their liability would be enormous on par ticular cceasiens where crowds assemble. Their interest is usually a sufficient induce
ment on such occasions to provide the accommodation required. A passenger has a right to carry along with him luggage (q.v.).
In the case of passengers by sea, a peculiar code has been constructed, owing to the peculiarity of their situation. The fundamental rule of the common law is the same ma earrings—that the carrier by sea does not engage to carry with absolute safety, but merely to omit nothing in his power, and to use due care. The legislature, however, has passed statutes to regulate the duties of carriers by sea, so as to secure due care; and their minute and detailed regulations apply to every seagoing vessel, whether British or foreign, carrying more than SO passengers. Payment of the passage money most be made before commencing: the voyage, and the owners arc not bound to forward steerage passengers by t he very ship contracted for, if an equally eligible ship be offered. provided, however, that families arc not to be separated. If the ship is disabled on the voyage, the owners arc bound to repair the ship in six weeks, or scud on the passengers. If the passengers exceed COO, a medical practitioner must be on board, and the provisions must be according to a certain scale of diet. The emigration commissinuers require to inspect emigrant ships. and to give a certificate as to fitness. As to passenger steamers in this country, a certificate is required from the board of trade, specifying the voyage and number of passengers allowed to be carried, and their survey, once every year.