The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1870-12-05
The Law or RafIways-What are the
Rights OF TICK sal 7.

| a case has just been trieutn the English
| Court Of Exchequer, before Baron Martin
anda jury, which is -of. much interest to
| the very large number Of persons who hold
season tickets on our railways. The law oil
railways in England has grown np at the
same time With that in-the United States,
and similar questions have arisen IN both
countries. The decisions of Il the courts oil
the state Of New York In this branch of
the law are regarded :by the British coYlrts
with great respect, and frequently are re.
ferred to and followed hy thelr.G The fact
that in these cases the tribunals of one
country do not seldom look to the courts of
the other for precedents and guidance,
makes the eases to which we refer more
interesting and important to us.
1t Is entitled "Buckmaster against the
Great Eastern Railway Company" )" and was
tried on November 10th. The plaintiff was
miller at Framlingham, In Suffolk, and
the holder of season ticket issued by the
company, by which they contracted to con-
Yey him by any Of. their trains running be-
tween aFramlingham and London. In the
course OF his business 1t was necessary for
she plaint1ff frequently to attend the Lon:
don corn market. The company advertised
an early train to start from Framlingham at
6:45 a. M. and one morning last autumn
the plaintiff went down to the station to 90
to the market by this train. .
but 1T 80 happened that on this particu-
| lar morning the fireman was lazy. At a
quarter to 7 the fire in the engine was so
low that there was no steam, and of course
the train could not start. Although of ap-
parently little present consequence to the
officers, OF the road ut Framlingham, this
delay was no slight matter to Mr.. Buck
master. and so he informed them. Nothing
was done to forward the train, however,
and the station-master brusquely told Mr..
Buckmaster, in answer to his complaints,
| that if he wanted go on he must pay for
q special train. This he agreed to do, and
q special train was ordered and took him to
London at an expense of nearly 5000. But
he reached the city too late for the market,
and thereby incurred loss of $50. The
suit was brought to recover these two
amounts-that paid, for the special train,
| and the loss consequent upon the delay.
l. When the plaintiffs case had been proved,
the counsel tor the defendant submitted that
no cause OF action against the company had
been shown. He argued that the contract
between the parties was expressed on the
season ticket, the terms of which were that
| it was issued subject to the rules and regtl.
lations of the company for the time being,
and that the timetables expressly stated
that while every eXertion would be made
to secure punctuality, the arrival and de.
parture Of trains at the time therein stated
would not be guaranteed, nor would the
company hold themselves responsible fol
any delay or its consequences arising out Of
accident or other causes. He argued also
that the company were not in any event liza
BILE for the damages caused by loss of mar
ket. .-,..,... ...... $50 -......-. -.,... +.
On these points the Judge decided against
the railway. In charging the jury, he said
that no action would lie against the com.
pany for the mere discontinuance of any
particular train. That, however, was moi
this case. Here the defendants servant had
been guilty of the grossest negligence, in
consequence of which there was an entire
failure to forward an advertised train. Nc
accident whatever had occurred and il
could not even be said that the company
had used their best efforts to send on the
train. On the contrary, they had done
nothing of the kind. As to the damages,
he thought the plaintiff ought to recover
the pecllniary loss which he suffered through
losing the market, in addition to the cost
Of the special train.
The jury rendered verdict for the plain.
tiff for both amounts in full. After the
verdict, Baron Martin said he was surprised
that the company had not sooner repaid
to the plaintiff the amount which they
charged him for the special train.