Lord Wright:-

The three appellants were, on 29th November 1940, being carried as passengers for reward on an aeroplane operated by the respondent Company which was flying from the City of Vancouver to Zaballos on Vancouver Island. During the flight the aeroplane caught fire. Owing, as is not now contested, to the negligence of the respondents' servants, each of the appellants was injured. The appellants severally brought action in the Supreme Court of British Columbia claiming damages for the injury which they had sustained. They succeeded in their claim before the trial Judge and damages were assessed under the judgment in their favour dated 25th June 1941; but that judgment was set aside by a majority of the Judges of the Court of Appeal for the Province of British Columbia. On an appeal from that judgment to the Supreme Court of Canada, that Court in its turn by a majority affirmed the decision of the Court of Appeal. From that judgment the present appeal has been brought before this Board pursuant to special leave.

[2] There is now no dispute on the facts or as to the amount of damages. The sole question is whether an express condition contained in the ticket issued to each of th