The object of this Bill is to increase the amount of damage, arising from the working of railway engines, which can be claimed without the necessity of establishing negligence. The ordinary rule is that if any injurious act has been done not under statutory authority, then the liability is absolute. There is a presumption of negligence in that particular case. Where an act is done under statutory powers, then the company or body concerned can only have damages given against it if negligence be proved. There is a limit to the amount of damage in regard to which negligence need not be established. Previously it was £100. In view of the changes in the value of money it is considered that that figure should be increased to £200.
Railway Fires (Amendment) Bill, 1931—Second Stage.
Question proposed: That the Bill be now read a Second Time.
From what the Minister has said I understand that if a man's house is burned down and he claims for more than £200 he cannot get anything?
No. That is completely wrong. If this legislation were not passed, and if the amount of damage claimed was over £100, then the onus arises of establishing negligence. The presumption is against the Railway Company in claims under £100. We are now raising the amount which a person may claim without having to establish positively negligence on the part of the railway company. We are raising it from £100 to £200.
So that if something happens, and if a man loses £300 or £400, he cannot get anything?
He can, if he proves his case. The onus is on him in that case.
Question put and agreed to.
Committee Stage ordered for Thursday, 2nd July.