6. Carriers of passengers are bound to carry for the whole route for which they sti pulate, and according to their public adver tisements and the general usage and custom of their business. 1 Campb. 167 ; Story, Bailm. 600; 19 Wend. N. Y. 534 ; 8 Eng. L. & Eq. 362. But they are not bound to carry persons of offensive and disorderly con duct, or those infected by contagion, or other wise so offensive in character, health, or habits as to be unsuitable companions for other pas sengers. 2 Sumn. C. C. 221 ; 8 N. H. 523.
Passenger-carriers are liable for reasonable damages for a failure to deliver passengers in reasonable time, according to their public announcements, Hodges, Railw. 619 ; 8 Eng.
L. & Eq. 362 ; 34 id. 154.
But they are not liable for such special damages as one may suffer by reason of not being able to meet his appointments with customers and being thereby compelled to be at extra expense in going to meet them. 38 Eng. L. & Eq. 335. But see Redfield, Railw. 154, note 2, in regard to the author ity of the last case.
7. The sale of through-tickets for an entire route composed of several successive compa nies of carriers having no partnership connec tion, does not render each company liable for injuries to passengers occurring on any part of the route. 22 Conn. 502; 29 Vt. 421; 2 E.
D. Smith, N. Y. 184 ; 19 Barb. N. Y. 222 26 Ala. N. Y. 733 ; Redfield, Railw. 359, 158, and cases cited.
Where by statute (as Lord Campbell's Act, 9 & 10 Viet. ch. 93, and others similar) car riers of passengers are made liable to sur vivors where the death of a passenger occurs through their default, the same rule of re sponsibility applies as in the ordinary ease of actions for injuries not fatal. Lord Den man, Ch. J., in 2 Carr. & K. 730. In such cases, according to the English decisions, no damages are to be given on account of the mental sufferings of the surviving party, but only such as are susceptible of a pecuniary estimate. 10 Eng. L. & Eq. 437. But a dif ferent rule seems to obtain, to some extent, in the American courts. 1 Cush. Mass. 451 ; 10 Barb. ,N. Y. 623; 3 E. D. Smith, N. Y. 103 ; 14 N. Y. 310. In 23 Penn. St. 526, 528; 6 La. Ann. 495 ; 6 Ohio, 105, the court say the jury are to estimate damages for the death as they would for an injury to health, hythe probable accumulations of the deceased had he survived or not been injured. Red field, Railw. 152, and cases cited.
Where a passenger is injured' by the cul pable negligence of a carrier, he is entitled to recover not only the damages he has sustained up to the time of trial, but all prospective damages likely to accrue from the injury, as he can have but one action. 11 Add. & E. 301 ; 18 Vt. 252 ; 2 Barb. N. Y. 282 ; 10 La. Ann. 33.
S. Passenger-carriers may establish reason able regulations in regard to the conduct of passengers, and discriminate between those who conform to their rules in regard to ob taining tickets, and those who do not,—re quiring more fare of the latter. 18 Ill. 460; 34 N. H. 230 ; 29 Vt. 160 ; 7 Mete. Mass. 596; 12 id. 482 ; 4 Zabr. N. J. 435 ; 29 Eng. L. & Eq. 143; Redfield, Railw. 28, and notes; 24 Conn. 249. Passengers may be required to go through in the same train or forfeit the remainder of their tickets. 11 Mete. Mass.
121; 1 Am. Railw. Cas. 601. Where one procures a railway-ticket marked "good for this trip only," with a view to go in the next through-train, but is unexpectedly detained, he may lawfully claim to go upon the ticket on a subsequent day. 24 Barb. N. Y. 514.
Railway passengers, when required by the regulations of the company to surrender their tickets in exchange for the conductor's checks, are liable to be expelled from the cars for a refusal to comply with such regulation, or to pay fare again. 22 Barb. N. Y. 130. A pas senger is liable to be expelled from the cars for refusal to exhibit his ticket at the request of the conductor in compliance with the stand ing regulations of the company. 15 N. Y. 455.
Railway-companies may exclude merchan dise from their passenger trains. The com pany are not bound to carry a passenger daily whose trunk or trunks contain merchandise, money, or other things known as "express matter." 5 Am. Law Reg. 364. See, also, upon the subject of by-laws to passengers on railways, Redfield, Railw. 28, and notes.
9. Where a stage-coach is overturned when laden with passengers, it is regarded as prima facie evidence of negligence in the proprietor or his servants. 13 Pet. 181. And where any injury occurs to a passenger upon a rail way, it has been considered prima facie evi dence of the culpable neglect of the company. 5 Q. B. 747; 8 Penn. St. 483; 15 111. 471; 16 Barb. N. Y. 113, 356; 20 id. 282; Redfield, Railw. 149, note 6, and cases cited.