ment of fare, to be surrendered when called for. This ticket is a species of special contract, usually surrendered near the end of the route. "For this day only" is sometimes printed upon it. When so limited by express terms, it is not good on any other day. If such ticket is presented on any other day, it may be rejected as valueless; and if the passenger refuse to pay his fare, he may be removed from the train. If the passenger engage a seat in a stage-coach for any particular day, he is entitled to his seat on that day and no other. If the fare is not paid in advance, the carrier has a lien on the passenger's baggage for the fare. He may retain the baggage, but he cannot detain the passenger.

6. The carrier of passengers is required to exercise extraordinary care, skill, and foresight, to secure the safety of his passengers. He is liable for the acts and omissions of all persons employed by him within the scope of their employment. They are bound to exercise the same degree of care, skill, and foresight that the master is bound to exercise. If an injury result from the overturning of a stage, the true inquiry is, whether the injury has been caused by the want of that utmost care and diligence in the carrier and his servants which the law requires. Evidence which shows the want of such care and diligence is sufficient to establish the liability of the carrier. The carrier of passengers is bound to provide safe vehicles for the transportation of passengers; and in case of an injury, it lies with him to show that his coach was as sound and

5. What is usually delivered to each passenger on payment of fare? What is the nature of this contract? Where to be surrendered? If given "for this day only," is it good for any other day? If such ticket be presented on any other day? If the passenger refuse to pay his fare? If a passenger engage a seat in a stage-coach on any particular day? If the fare is not paid in advance, what lien has the carrier? Can he retain the baggage? Can he detain the passenger?

6. What is the carrier of passengers required to exercise? For whose acts and omissions is he liable? What are his employees bound to do? If an injury result from the overturning of a stage, what is the true inquiry? If the evidence shows a want of such care and diligence What is the carrier of passengers bound to provide? If an injury oc

good as could be made, and that it was free from defects. of every kind. The proprietor of a coach is liable for all defects in his vehicle, which can be seen at the time of construction, as well as for such as may exist afterwards. He is liable, when the injury has been occasioned by an original defect of construction, which cannot be seen without taking off the iron from the wood-work of the axletree. There is an implied warranty on the part of the carrier of passengers that the coaches used by him are safe and sufficient for the journey. If the harness fails, or the coach is broken or overturned, negligence is always implied on the part of the carrier. To release himself from responsibility, he must rebut this presumption. He must show that the accident was such as could not be anticipated or provided against by human skill and foresight.

7. Railroad companies are under the same obligation to provide safe and secure cars, with engines and machinery in perfect order. Any defect in these is negligence on the part of the carrier. As rail-cars and steamboats take the place of stage-coaches, they are placed on the same footing. There is no difference in the care and diligence required on the part of railroad companies and the proprietors of stage coaches. When a collision of two trains happens on the same road, there is a strong presumption that the company has been guilty of a want of due care, either in the construction of their road or in running their trains upon it. The company is bound to keep the

curs, with whom does it lay to show that the coach was free from defects? For what defects in his vehicle is the proprietor of a stage-coach liable? If the injury was caused by an original defect of construction, which cannot be seen without taking off the iron from the wood-work of the axletree? What is the implied warranty on the part of the carrier of passengers, as to the coach used by him? If the harness fails, or the coach is broken or overturned, what is always implied on the part of the carrier? What must he do to release himself from responsibility? What must he show?

7. Under what obligations are railroad companies, as to cars and engines? If there is any defect in these? Of what do rail-cars and steamboats take the place? Is there any difference in the degree of care, skill, and diligence required on the part of railroad companies and proprietors of stage-coaches? When a collision of two trains happens on the same

road in good repair and running order. In an action against the carrier of passengers, the jury are to find from positive evidence-1. That the injury complained of was caused solely by the negligence and want of care of the defendant or his servants; 2. That no fault of the plaintiff contributed to produce the injury.

8. By the printed regulations of most of the railroad companies, passengers are forbidden to stand on the platform, or to ride in the baggage-car. If an accident happens through the disobedience of this rule, the carrier is not liable. But if a collision occurs, and such passenger is injured by such collision, and his riding in the baggagecar did not contribute to produce the injury, the company is liable. When a passenger is injured by the fault of an agent or servant of the company, the company is liable; but if a servant is injured through the fault of a fellow servant, the company is not responsible. If the injury to the servant can be traced to the negligence or misconduct of the company, the company is liable.

CHAPTER LXXVI.

THE LAW OF THE ROAD.

1. It is the duty of the carrier of passengers, and of all other travellers upon the highways, to observe the established usage or law of the road, in passing other teams.

road, of what is there a strong presumption? What is the duty of the company, as to the road? In an action against the carrier of passengers, what are the jury to find from positive evidence?

8. What are passengers forbidden, by the printed regulations of railroad companies, to do? If an accident happen, through disobedience to this rule? If a collision occur, and such passenger is injured by such collision, and his riding in the baggage-car, or on the platform, did not contribute to produce the injury? When a passenger is injured by the fault of a servant of a company? If a servant is injured through the fault of a fellow-servant? If the injury to the servant can be traced to the negligence or misconduct of the company?

In England, the custom is to keep to the left, in passing. In the United States, the custom is to keep to the right, in passing. At common law, if a carriage coming in any direction leave sufficient room for any other carriage to pass on their proper side of the way, it is a sufficient compliance with the law of the road. By the statutes of several of the States, whenever any persons travelling with any carriage or other conveyance shall meet on any turnpike-road or public highway, the persons so meeting shall seasonably turn their carriages to the right of the centre of the road, so as to permit such carriages to pass without interference or interruption. Each party is to keep to the right of the centre of the road, although it may be more difficult for one party to turn out than for the other. This rule is strictly enforced.

2. It is not the centre of the smooth or most travelled part of the road which is the dividing line, but the centre of the worked part, although the whole of the smooth or most travelled part may be upon one side of that centre. Where the road is clear, the traveller may go on either side he chooses. Where parties on the road meet suddenly, and a collision ensues, the party driving on the wrong side of the road must answer for the damages, unless the other party, by the want of ordinary care, contributed to produce the injury. If the party injured did not exercise ordinary care, and yet did not, by the want of it, contribute to produce the injury, he may recover.

3. A carriage passing a foot-passenger may go on either side of the road. A foot-passenger has a right to cross

1. What is the duty of the carrier of passengers, and of all other travellers upon the highway? What is the custom in England? What is the custom in the United States? What is a sufficient compliance with the law of the road, according to the common law? What is the statute law on this subject, in most of the States? To the right of what part of the road is each party to keep? Is this rule strictly enforced?

2. What part of the road is meant by the centre? Where the road is clear, on which side may the traveller go? Where parties on the road meet suddenly, and a collision ensues, and one party is driving on the wrong side of the road? If the party injured did not exercise ordinary care, and yet did not, by the want of it, contribute to produce the injury?

the carriage-road, and a person driving a carriage on it is liable to an action if he does not avoid driving against him. If the person driving the carriage cannot avoid driving against the foot-passenger, because his reins broke, that will be no defence, for he is bound to have a harness of sufficient strength. Where a child, of such tender age as not to possess sufficient discretion to avoid danger, is permitted by his parents to be in a public highway, without any one to guard him, and is there run over by a traveller and injured, no action can be maintained against the traveller, unless the injury arose from culpable negligence on the part of the traveller.

4. When boats meet on canals, it is the duty of the master of each to turn his boat to the right hand, so as to be wholly on the right side of the centre of the canal. This is substantially the law of the road, and in case of collision the right of action depends upon the same principles. If both parties are equally in the wrong, neither can maintain an action against the other. There is no legal injury, where the loss is the result of the common fault of both parties.

5. The carrier of passengers is bound to observe his advertised regulations in respect to stopping for refreshments, rest, or other purposes on the way. The passenger is presumed to take his passage with an understanding, from which the law implies an agreement, entitling him. to the accommodations offered.

3. If a carriage passes a foot-passenger? What right has the footpassenger? When is the person driving a carriage liable to an action by a foot-passenger? If his reins break? If a child of such tender age as not to possess sufficient caution or discretion to avoid danger, is permitted by his parents to be in a public highway, without any one to guard him, and is there run over by a traveller ?

4. When boats meet on a canal, what is the duty of the master of each? What law is this, substantially? In case of collision, in which is the right of action? If both are equally in the wrong? When is there no legal injury?

5. What is the carrier of passengers bound to observe? With what understanding is the passenger presumed to take his passage?