in managing their business. They are not bound to carry passengers who refuse to obey their reasonable regulations. They are not bound to carry those who are guilty of gross and vulgar habits of conduct, or who disturb the other passengers, or whose character is dissolute or suspicious. They are not bound to carry passengers whose object is to interfere with the interests or patronage of the proprietors, so as to make their business less lucrative. They are not bound to receive into their conveyance persons who are intoxicated, or who would disturb the peace of the company.

2. The passenger has a right to the presumption that he is engaged in his lawful calling, and he cannot be subjected to an inquisition into his private affairs. Before he can be rejected, there must appear against him some good and valid reason for his exclusion. The reason must be sufficient to deprive him of the right which he holds in common with all other men. If a person violate the reasonable rules of a railroad company, he may be excluded from the depot. In order to secure the quiet and safety of travellers, the proprietors of stages, steamboats, railroads, and hotels are invested with the right of preserving peace and order in the conveyances and grounds used by them in the transaction of their business. This right may be enforced by the exercise of a reasonable and proper authority, reposed in them by law.

3. The common carrier of passengers, like the common carrier of goods, has a right to demand payment of fare

obey their reasonable regulations? If they are guilty of gross and vulgar habits of conduct? If they disturb the other passengers? If their character is dissolute or suspicious? If the passenger's object is to interfere with the patronage of the carrier? If the applicant be intoxicated, or would disturb the peace of the passengers?

2. To what presumption has the passenger a right? To what can he not be subjected? Before he can be rejected, what must appear against him? For what must the reason be sufficient? If a person violate the reasonable rules of the company? In order to secure the quiet and safety of travellers, with what right are the proprietors of stage-coaches, steamboats, and railroads invested? How may this right be enforced? 3. When may the carrier of passengers demand his fare? If the pas senger, at the time of engaging his passage, pay his whole fare, and he is

in advance, as a condition precedent to receiving any person as a passenger. If at the time of engaging his seat in the stage-coach, the passenger pays his fare for the entire journey, the proprietor cannot dispose of his seat to another, even if he is not present when the stage starts, for the passenger may take his seat at any stage of the journey he thinks proper. But if he paid only a part of his fare, and is not ready at the time the stage starts, the proprietor may fill his place. The passenger's fare covers and includes a compensation for the conveyance of the baggage. Under the term baggage is included the ordinary wearing-apparel usually carried by travellers. It does not include merchandise, nor a larger sum of money than is necessary for his journey. It may include articles of ornament and use, such as a watch; and articles of amusement, such as a gun or fishing-tackle.

4. A check is affixed to each parcel of baggage delivered to a railroad corporation for transportation, and a duplicate thereof delivered to the owner. If upon producing the check at the place of destination, the baggage is not delivered to the passenger, he may maintain an action against the company for such baggage, and may be a witness in his own behalf to prove the contents and value of the baggage. When a passenger refuses to pay his fare, it is lawful for the conductor to put him and his baggage out of the cars, using no unnecessary force, at any usual stopping-place, or near any dwelling-house, on stopping the train.

5. A ticket is usually delivered to passengers on pay

not ready to leave when the stage starts, can his seat be filled by another? If the passenger pay only a part of the fare? What does the passenger's fare cover and include? What is included in the term baggage? Does it include merchandise? What sum of money does it include? What articles of ornament? What articles of amusement?

4. What is affixed to each parcel of baggage delivered to railroad corporations for transportation? What is delivered to the owner of the baggage? If upon presenting the check at the place of destination the baggage is not delivered? For what purpose may he be a witness in his own behalf? If a passenger refuse to pay his fare, what may the conductor do? At what place?

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 scat 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. Evi dence 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 fellowservant, 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. Ir 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?