EXPLORER IN COURT.

New Zealand Herald, Volume LXVII, Issue 20668, 13 September 1930, Page 3 (Supplement)

EXPLORER IN COURT.

BARONET SUED FOR FARES.

THE LAW REGARDING TRAINS.

Sir Curtis George Lampson, Bt., the exploror and lecturer, figured in an unusual railway test case at tho Wandsworth County Court, London, lately. Tho Southern Railway Company and tho Pullman Car Company sued Sir Curtis for £2 Bs, first-class single boat-express fare from Victoria to Folkestone Harbour, 3s 6d Pullman car supplementary fare, first-class single ordinary fare from Folkestone Central to Charing Cross, and 2s Pullman car supplementary fare. Sir Curtis did not appear, and judgment was given for the sum claimed, with costs on Scale A.

Mr. A. T. Denning, for the companies, said that on January 22 last Sir Curtis, who had purchased a platform ticket, was seeing some friends off by tho Continental boat express train at Victoria and entered a Pullman car to bid his friends farewell. While ho was in the car the train started and he was carried to Folkestone Harbour station, whero ho was asked to pay the fare from Victoria. Ho refused to do so on tho ground that ho was not warned at Victoria of the departure of tho boat train.

The railway company's contention was that amplo warning was given to Sir Curtis, but that in any case no warning was necessary, ns in entering the Pullman car Sir Curtis was a trespasser. Sir Curtis afterwards travelled back to Charing Cross and again refused to pay his fare. Judge ITaringtOn: I fail to understand why he should decline to pay his fare. He must have known the time tho train was to start.

Mr. Denning: Yes. and a final warning was given by tho conductor going to each

Judge Harington: But surely a person with a platform ticket has no right to enter a train ?

Mr. Denning: Yes, that is so. It is explicitly stated in tho conditions that the holder of a platform ticket is prohibited from entering the company's trains, and that any such person entering tho trains and failing through any cause to detrain shall pay the faro chargeable in respect of such a journey. A Pullman car conductor said that on the return journey to Charing Cross ho asked Sir Curtis "for his ticket, and ho replied, " I have not a Pullman ticket nor a railway ticket. I do not intend to pay, and the company can do what it likes." Judgo Harington: I cannot conceive what defence there is. I do not wonder that Sir Curtis does not appear. Mr. Denning asked for costs on tho highest scale, saying that it was a matter of interest to the general public. Judgo Harington: I think that the general public would be very much astonished if judgment were not given for tho railway company. Mr. Donning: I understand that on the average three people with platform tickets travel in this way every day.