Section 78: Injury to or loss of life of passenger

(1) The Corporation shall not be liable for personal injury to, or loss of life of a passenger, unless the personal injury or loss of life is caused by want of reasonable care, diligence or skill on the part of the Corporation or its servants.
(2) The Corporation shall not in any circumstances be liable for personal injury to, or loss of life of a passenger-
(a) who is travelling, whether with or without permission, in any part of a train, other than that part of a passenger coach, which is set apart exclusively for the use of passengers;
(b) who is travelling, whether with or without permission over a line, in course of construction; or
(c) who is travelling on a free pass.
(3) In order to avoid liability in pursuance of subsection (2) of this Act, it shall not be necessary for the Corporation to give any notice to any such passenger as is therein mentioned, of the conditions of which he travels, and it shall be immaterial whether or not the passenger is an infant.
(4) For the purposes of this section, the expression "passenger" includes every person, other than a railway servant on duty, lawfully travelling on any train.