How have the courts interpreted a provision in a ticket issued by a steamer company to passengers that they would not be responsible for any loss, damage or detention of luggage?
Canada (Federal), Canada
The following excerpt is from The Queen v. McLeod, 1883 CanLII 49 (SCC), 8 SCR 1:
See Haigh et al v. Royal Mail Steam Packet Co. (48 L. T. N. S. p. 267) reported since this judgment was prepared, the marginal note of which is as follows: "The ticket of a passenger by a steamer of defendants contained a notice that the defendants would not be responsible for any loss, damage or detention of luggage under any circumstances, and that they would not be responsible for the maintenance or loss of time of a passenger during any deter, tion of their vessels, nor for any delay arising out of accidents, nor for any loss or damage arising from perils of the seas, or from machinery, boilers or steam, or from any act, neglect or default whatsoever of the pilot, master of mariners." Held, upon demurrer, that this provision exempted the defendants from liability in an action for the loss of life of a passenger by negligence of defendants' servants in a collision with another ship.
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