SEATS IN A RAILWAY TRAIN.

Putaruru Press, Volume II, Issue 17, 7 February 1924, Page 3

SEATS IN A RAILWAY TRAIN.

LUGGAGE HOLDS SEAT. Right to Eject Intruder. Travellers by railway often argue as to whether the custom of depositing an article on a seat holds the seat for the depositer. The general opinion is that it does so merely as a matter of custom and courtesy. It appears, however, that according to a juug‘merit of an English judge the deposit of an article on a seat gives a legal title to the seat and authorises the depositor torcibly to eject anyone taking- possession of a seat thus marked as tlie property of some person not actually in the carriage at the time of appropriation. The followingis a report of tlie case in question:— A decision of Judge Em dens, at Tunbridge Wells County Court, will meet with the approval of the colonial railway travellers and check the practice of “pumping seats” which is so frequent. Passenger No. 1, leaving his railway carriage for a moment, deposited on his seat a magazine and umbrella. Passenger No. 2, on tlie guard’s invitation to “ take your seats,” took the seat of Passenger No. 1, and on being asked to restore it to its rightful owner, declined to stir. Thereupon Passenger No. 1 took the law and the obnoxious “ jumper ” into his own hands, ejecting the latter. Litigation ensued. No. 2 brought an action for 10 guineas damages; No. 1 counter-claimed for same sum. The judge •held that there was obvious necessity for passengers to leave their seats occasionally, that there were sufficient signs of prior possession on the seat when it had been appropriated, and that tlie owner wlas entitled to use reasonable force to regain his seat. The “ jumper ” was non-suited and the counter-claim sustained.