Consi-
deration


was  allowed,  and  taking  luggage  with  him,  was  held  liahle  to
pay  for  the  carriage,  as  having  accepted  the  services  of  the
railway  in  carrying  it  it).  So  it  seems  if  a  passenger  by  an
ordinary  train,  by  which  only  the  usual  personal  luggage  of
passengers  is  carried  free  of  charge,  takes  an  excessive
quantity,  or  takes  merchandise  with  him  as  passenger's  lug-
gage, he  may  be  charged  for  the  carriage  {u).  If  a  passenger
travels  on  a  railway  without  paying  his  fare,  the  company
may  waive  the  wrong  and  sue  for  the  ordinary  fare  as  a  debt ;
but  they  cannot  claim  as  a  debt  the  extra  fare  imposed  by  a
bye-law  as  a  penalty  (v).
