Page:The Working and Management of an English Railway.djvu/317

Rh As a matter of fact, this power has, on several occasions, been exercised by the Board of Trade since the passing of the Act.

(4.) A railway company, in carrying passengers, is not subject to the same liabilities as apply to a common carrier of goods. It has been shown in the first portion of this chapter, that as to goods the carrier is in the position of an insurer, and is liable in all events except the act of God or the Queen's enemies, but he is not called upon absolutely to warrant the safety of the passengers. He only undertakes that so far as human care and foresight can go he will provide for their safe conveyance; he is to use the utmost care and diligence, and is responsible for the consequences of the slightest neglect on his part, but his liability goes no further. Thus, in a case where an accident occurred through the breaking-down of a bridge the Court held that if the bridge was constructed by a competent engineer, and of reasonable and proper strength for the purpose, and was maintained with due care and skill, the company was not liable.

(5.) A railway company is responsible for the negligence or default of its servants within the scope of their legitimate employment as if their acts were its own. Thus, if a signalman causes an accident by giving a wrong signal, the company is liable; but if a porter or telegraph boy were to mischievously, or without authority, interfere with the signals, or with an engine and cause an accident, the company would not be liable.

(6.) A railway company is bound to carry free, with each passenger, his personal luggage to an amount fixed by the Acts of Incorporation of the several railway companies, according to the class of carriage in which the passenger travels. This amount varies in