ABSTRACT
Lord Hanworth MR: Dealing with the condition, I must just say a word or two more as to its nature. The ticket issued to the plaintiff had in plain and unmistakable terms in type as large as the other words upon the face of the ticket: ‘Excursion, For conditions see back’. There is no difficulty in reading those words any more than there is a difficulty in reading the words ‘Third Class’ or ‘Manchester’ down below. Then on the back of the ticket is printed also in type, which if small is easily legible: ‘Issued subject to the conditions and regulations of the company’s timetables and notices and excursion and other bills. Return as per bill.’ In the timetable at p 552, there is this condition, which is relied upon and which I have read. The condition on the back makes the first reference to the company’s timetables, but it also refers to notices and excursion and other bills. In the excursion bills, which contain some notes as to the tickets to be issued and the charges to be made and the dates on which passengers can travel at a single fare for a double journey, there is a reference to the conditions and the inquirer is directed to the timetable. Ultimately, therefore, the timetable is the place where this particular condition is found. Any person who took the trouble to follow out the plain and legible words on the ticket ‘See Conditions’ would be directed without difficulty to the source of the conditions and would be able to find it. Obviously, persons who are minded to go for a day journey of this sort do not take the trouble to make an examination of all the conditions, but two things are plain, first, that any person who takes this ticket is conscious that there are some conditions on which it is issued and, also, secondly, that it is priced at a figure far below the ordinary price charged by the railway company, and from that it is a mere sequence of thought that one does not get from the railway company the ticket which they provide at the higher figure of 5s 4d.
