London and Brighton Railway Company v Watson
| Jurisdiction | England & Wales |
| Date | 1877 |
| Court | Court of Appeal |
Railway Company - Bye-law, Validity of - Passenger travelling without a Ticket - Penalty -
A bye-law of a railway company provided that “any passenger travelling without a ticket, or failing or refusing to shew or deliver up his ticket” to any duly authorized servant of the company when required to do so, “shall be required to pay the fare from the station whence the train originally started to the end of his journey.”
By s. 109 of the Railway Clauses Consolidation Act, 1845 (8 Vict. c. 20) bye-laws are authorized to be made, and by s. 145 penalties for forfeitures imposed by bye-laws are recoverable before justices:—
Held, that the above bye-law did not create a debt recoverable in a Court of civil jurisdiction.
APPEAL from the judgment of the Common Pleas Division in favour of the defendant.F1
Action by the plaintiffs to recover from the defendant the balance of a railway fare from New Croydon to Lower Norwood, two stations on the plaintiffs' railway.
The defendant was a second class passenger on the plaintiffs' railway from Norwood Junction to Lower Norwood, and travelled without having taken any ticket. On his arrival at Lower Norwood he was unable to produce and give up his ticket, but offered to pay the fare from Norwood Junction to Lower Norwood. This was refused by the plaintiffs' ticket collector, who demanded the fare from New Croydon to Lower Norwood, New Croydon being the station whence the train originally started.
The plaintiffs relied on the following bye-law:—
Bye-law No. 1. No passenger will be allowed to enter any carriage used on the railway or to travel therein upon any railway, unless furnished by the company with a ticket specifying the class of carriage and the stations for conveyance between which such ticket is issued. Every passenger shall shew and deliver up his ticket (whether a contract or season ticket, or otherwise), to any duly authorized servant of the company whenever required to do so for any purpose. Any passenger travelling without a ticket, or failing or refusing to shew or deliver up his ticket as aforesaid, shall be required to pay the fare from the station whence the train originally started to the end of the journey.
1878. Dec. 20. Jeune, and T. Mosley, for the plaintiffs.
Macmorran and Macaskie, for the...
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