HC Deb 04 February 1930 vol 234 cc1695-6W
Mr. SCOTT

the Minister of Transport whether he is aware of a decision of the Court of Session (Lord Moncrieff, Ordinary), on or about 4th December, 1929, in an action in which a passenger who sustained serious injuries as the result of an accident claimed damages against the railway company; that the company admitted negligence, but their plea was sustained by the court that they were not liable in damages because the passenger was travelling on a special pleasure party ticket issued to him at a reduced fare, on condition that he discharged the company from liability for negligence; that the law as interpreted imputed knowledge of and consent by such a passenger (who accepted a ticket bearing reference on the back to the company's general notices, regulations, and conditions on current timetables and bills) to eight or more closely printed pages, embedded in which was a discharge of the company's liability; and whether, seeing that the decision in question raises a question of wide public application to all passengers who, in response to advertisements and invitations of the railway companies, accept excursion tickets at reduced fares but have no claim for damages for injuries sustained through the companies' negligence, he is prepared to take steps forthwith by legislation to amend the existing law so that railway companies should be debarred from escaping liability?

Mr. HERBERT MORRISON

I understand that the particular case to which the hon. Member refers is now under appeal, and, in the circumstances. I am unable to discuss it. As regards the general question, I am sending him a copy of the answer I gave, on 22nd July last, to certain questions which were asked on the subject.