HC Deb 17 July 1930 vol 241 cc1475-6W
Mr. SCOTT

asked the Minister of Transport whether he is aware of a decision of the Court of Session (Second Division), on or about 11th July, 1930, 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; and that the law, as interpreted, imputed knowledge of and consent by such a passenger (who accepted a ticket bearing a 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 is a discharge of the company's liability, a passenger thus receiving no reasonable or sufficient intimation that he was abandoning possible claims against the company; whether he realises 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; and whether he is prepared to take forthwith whatever steps are necessary, including legislation, to amend the existing law so that railway companies should be debarred from escaping liability?

Mr. HERBERT MORRISON

I have not yet had an opportunity of perusing a report of the case to which the hon. Member refers, and as regards the general question I am not in a position to add anything to the answer which I gave to the hon. Member on 4th February last and to the previous answer to which I then referred.