CARRIERS OF PASSENGERS. (See CARRIERS, ante.) Persons who carry passengers are not held responsible as insurers of the safety of their freight as carriers of goods are held. But they are held to the highest degree of watchfulness and care in all the conduct of their business. So far as human foresight and prudence can secure the pas senger from harm, there is a right to demand it of all who assume the transportation of persons. It is a practice to print on passes or free tickets a notice that such a passenger assumes the risk of personal injury, but the courts have again and again decided that this in. no degree lessens the carrier's liability, holding even that the transporting party was as much responsible for a non-paying as for a paying passenger. Passenger-carriers are responsible for the baggage of their passengers, and for the safety of parcels intrusted to them or their agents. Many decisions of American courts touch various points in the case of passengers, but all sustain the principle that if anything more could have been done by the carrier to insure the safety of his passengers, and injury occur in consequence of the omission, lie is liable. Passenger-carriers are not responsible where the injury occurs through the negligence of the passenger; but when there is intentional wrong on the part of the carrier, the injured party may recover notwith standing his negligence. And so also, where the carrier's negligence contributed only remotely to the injury and the passenger's culpable want of care was its immediate cause, a recovery may still be had. Passengers leaping from a conveyance in conse quence of any just sense of peril may recover for injury. Carriers are bound to carry for the whole route for which they stipulate, and according to their public notices and the general customs of their business; but they are not bound to carry persons disorderly in conduct, or those having contagious diseases, or who are in any way dangerous or offensive to other passengers. The carrier is liable for damages if he fail to deliver the
passenger in a reasonable time, or according to the published schedule. The sale of through tickets for a route operated by several successive companies of carriers having no partnership connection, renders each company liable for injuries to passengers occurring only in the part of the route which pertains to it severally. One decision in case of the death of a passenger was that the jury are to estimate damages for the death as they would for an injury to health, by the probable financial accumulations of the deceased had lie survived, or not been injured through the culpable negligence of the carrier; therefore he or his estate is entitled to recover not only the damages sustained up to the time of trial, but all prospective damages likely to accrue from the injury. Passengers must conform to the rules of the road or company with regard to purchas ing, showing, and giving up tickets, and in respect to trains and cars. But it has been held that when 'one purchased a ticket indersed "good for thiS ;rip only," and was unexpectedly detained, he could lawfully demand transportation by another train, even on the next day. Railway companies may exclude merchandise and articles known as "express" matter from the passenger cars. When an accident occurs to a train, or a stage-coach is overturned, the fact is considered prima facie evidence of fault on the part of the company or its agents. With regard to steam and other vessels, very strict rules are enacted by governments for the safety of passengers and property, regulating the number of passengers, the amount of provisions, the navigating of the ship, pilot age, etc.