Traders And Railways the Traders Case

authorised under this section, then it forms part of "reasonable conditions" of transit which the companies are justified in upholding. Anyhow, the carting consignor must pay the charge and get back as much of it as the companies of their own free will think fit to pay him. Increase Of Bates.?The Act of 1894 provides that when rates are increased above those in force in 1892 the reasonableness of the increase may be determined by the Eail way Commission. This is one of the few provisions of the traffic Acts under which the traders have been in part successful. Opinions of the judges are divided upon the question of what constitutes a plea of justification, and the matter is one still requiring the determination of the Legislature. Damages.?Traders are of opinion that they are entitled to substantial damages if they can show that they have been injured by illegal treatment. The provisions of the Legislature are hesitating and indefinite upon this point. Damages were awarded in some very early cases, but no "damages," other than a refund of overcharges, have been awarded during the years which have elapsed since the passing of the Eailway Begulation Act, 1873. Seasonable Facilities.?The Traffic Act, 1854, provides that the companies are to afford all reasonable facilities within their power. The words of the sectionare far too indefinite for enforcement. In the case of the Hastings Corporation the Court of Appeal laid down a series of general rules which it is v...