street railway company about to commence construction as aforesaid shall otherwise order. Trains, Cars and Appliances. 76.—(1) In all trains there shall be an apparatus or appliance to provide immediate communication between the conductor while in any car of any passenger train, and the engine driver or motor man. (2) All brakes shall be of such design and construction. as to check at will the speed of the train, and bring the same safely to a standstill, as expeditiously as possible, and on all the trains carrying passengers the system of brakes shall comply with the following requirements: (a) The brakes shall be continuous and must be instantaneous in action, and capable of being applied at will by the motor man, engine driver, conductor or brakeman; (b) The brake must be self-applying in the event of any failure in the continuity of its action; Great Western Ry. Co. v. Brown, 3 S. C. R. 159; Badgerow v. G. T. R., 19 O. R. 191. Fawcett v. C. P. R. Co., 32 S. C. R. 721; McDowell v. G. W. Ry. Co. (1903), 2 K. B. 331; G. T. R. v. Miller, 34 S. C. R. 45 (1906). A. C. 187. Moenie v. Tilsonburg, &c., Ry. Co., 5 O. W. R. 69. G. T. R. v. Bourassa, Q. R. 4 Q. B. 235. As to principles applicable: see Black v. Ont. Wheel Co., 19 0. R. 578; Markle v. Donaldson, 7 O. L. R. 376. (3) All couplers shall be such as to securely couple and connect the cars composing the train, and to attach the engine or locomotive to such train, automatically by impact, and which can be uncoupled without the necessity of men going in between the ends of the cars; Farmer v. G. T. R., 21 O. R. 299; Weegar v. G. T. R. 23 S. C. R. 422; Bond v. Toronto Ry. Co., 24 S. C. R. 715; Fraser v. Algoma Ry. Co., 3 O. W. R. 104; Johnson v. Southern Pacific Ry. Co., 25 Sup. Ct. Reporter 158. (4) All box freight cars of the company built after the passing of this Act, shall be equipped with the following attachments for the security of railway employees:— (a) Outside ladders, on two of the diagonally opposite ends and sides of each car, projecting below the frame of the car, with one step or rung of the ladder below the frame, the ladders being placed close to the ends and sides to which they are attached; (b) Hand grips placed anglewise over the ladders of each box car and so arranged as to assist persons in climbing on the roof by means of the ladder. (5) All cars built prior to the passing of this Act shall be fitted with such attachment before the first day of January, 1907, provided that, if there is at any time any other improved side attachment which, in the opinion of the Ecard, is better calculated to promote the safety of the train hands, then the Board may require any of such cars not already fitted with the side attachments first mentioned, to be fitted with the said improved attachment. (6) Every company shall adopt and use upon all its rolling stock such height of draw-bars as the Board determines in accordance with any standard from time to time adopted by competent railway authorities. (7) Every passenger, baggage, mail and express car, which is owned or regularly used on any railway in this Province, in which heating apparatus may be placed, shall be provided with such safeguards against fire as the Board in writing shall from time to time approve. (8) Every company shall provide and cause to be used on all trains such modern and efficient locomotives, motors, cars and carriages, apparatus, appliances and means as may be required or ordered by the Board, and the company shall alter such locomotives, motors, cars and carriages, apparaus, appliances and means or renew the same from time to time, as the Board may order. Schwoob v. M. C. Ry. Co., 5 O. W. R. 157; 10 O. L. R. 647; 5 Can. Ry. Cases 58; 13 0. L. R. 548; 6 Can. Ry. Cases 287; C. P. R. v. Boisseau, 2 Can. Ry. Cases 335: Ford v. Metropolitan Ry. Co., 2 Can. Ry. Cases 187, 4 O. L. R. 29; 1 0. W. R. 318. Re Robertson and G. T. R. Co.. 9 O. W. R. 630. (9) Every company which fails to comply with any of the provisions of this section, shall forfeit to His Majesty, a sum not exceeding two hundred dollars, for every day during which such default continues, and shall, as well, be liable to pay to all such persons as are injured by reason of the non-compliance with these provisions, or to their representatives, such damages as they are legally entitled to, notwithstanding any agreement to the contrary with regard to any such person: Provided however that no proceedings shall be instituted to enforce or recover any forfeiture to His Majesty hereunder without the consent of the Board first obtained. As to validity of agreements with railways under Federal jurisdiction contracting out of liability: see 4 Ed. VII. cap. 31 (Dom.). In re Railway Amendment Act, 36 S. C. R. 136; Grand Trunk Ry. Co., of Canada v. Attorney-General of Canada, (1907) A. C. 65. Miller v. G. T. R., 34 S. C. R. 45 (1906), A. C. 187; 3 Can. Ry. Cases 147. Harris v. G. T. R., 3 Can. Ry. Cases 172, 3 O. W. R. 211. See also Rex v. Hays, 9 O. W. R. 488, and sec. 224 and notes. 77. Every locomotive, engine and electric locomotive shall be furnished with a bell of at least thirty pounds weight, or with a steam, or air whistle. See notes to sec. 123, infra. 78. Every car which contains a motor or which runs at the head of a train shall be furnished with a gong, to be approved by regulation of the Board, or with an air whistle. Sounding gong: The Toronto Ry. Co. v. Mulvaney, 38 S. C. R. 327; notes to sec. 217. 79.-(1) All cars in use for the transportation of passengers in November, December, January, February, March and April in each year, which, while in motion, require the constant care or service of a motorman upon the platforms of the car or upon one of them, shall have their platforms so enclosed as to protect the motormen from exposure to wind and weather in such manner as the Board shall approve. Regina v. Toronto Ry. Co., 21 Occ. N. 120. (2) All companies operating their cars without rear end vestibules shall allow the conductors empoyed on such cars to stand inside the cars, so far as is consistent with the proper performance of their duties during the said period. (3) Every motor car built after the passing of this Act designed for carrying passengers upon a railway operated by electricity, shall be so constructed that the motorman having the control of the motive power shall be stationed in a compartment into which no person shall be admitted save the officers or employees of the company on duty, and no person other than such officers or employees shall be permitted to occupy any portion of such compartment or vestibule. (4) Any company offending against the provisions of this section shall be liable to a penalty of one hundred dollars for each offence, and any person offending against the provisions of this section is liable on summary conviction to a fine of not less than two dollars nor more than fifty dollars, or imprisonment for not more than one month, with or without hard labour, or both. (5) This section shall only apply to railways operated by electricity, and street railways. 80. The Board may by order applicable either generally or in one or more particular cases, alter or modify any of the requirements of sections 76 to 79 hereof. 81. Railways operated by electricity shall stop at such places in addition to those fixed by the by-laws or regulations of the company, as the Board may from time to time by resolution direct and order. 82.-(1) Open or summer cars, constructed after the first day of January, 1907, for use upon a railway operated by electricity or upon a street railway, shall be so arranged or constructed that the seats for passengers will face the front of the car when in motion, and an aisle sufficiently wide to allow the passage of the conductor shall be provided in every such car. G.R.A.-5. (2) The side steps on such cars shall be so constructed, if practicable, that passengers will be prevented from standing upon the same while the car is in motion. Riding as a passenger, accident insurance, on step: Powis v. Ontario Accident Ins. Co., 1 O. L. R. 54. (3) This section shall apply only to railways and street railways not yet constructed and to railways and street railways already constructed, where the space between the tracks commonly called the devil strip is, in the opinion of the Board, sufficiently wide to allow the cars to be constructed as provided in subsection 1 of this section. (4) In all cases of dispute between a railway or street railway company and a municipal corporation or any person making complaint to the Board as to sufficiency of width, practicability of construction of cars, or as to any other matter or thing referred to in this section, the Board shall be the final Judge, and any order made by the Board as to any such matter shall be carried out and fulfilled by the company and the municipal corporation, or either or both of them, according to the terms of such order. (5) No passenger shall stand upon the side steps of any car for a greater length of time than is necessary to enable him to enter or leave the same, and any person offending against the provisions of this subsection shall incur a penalty of not less than $2 or more than $10, besides costs, to be recovered on summary conviction. THE ROAD BED AND ADJACENT LANDS. Frogs, Packing, etc. 83.-(1) In this section the expression "packing" means a packing of wood or metal, or some equally substantial and solid material, of not less than two inches in thickness, and which, where by this section any space is required to be filled in, shall extend to within one and a half inches of the crown of the rails in use on any such railway, shall be neatly fitted so as to come against the web of such rails, and shall be well and solidly fastened to the ties on which such rails are laid. و |