Indiana American. [volume] (Brookville, Ind.) 1833-1861, 1855-01-12
Interesting Trial about the Sum Of
Five Cepts-Heavy Damages.

An important railroad case has re-
Gently been tried at Norwich. Conn.,
II occupied nearly all Of last week.
and was brought toa close on wednes-
day Of this week. The plaintiff is
Crocker, seafaring man, who was
elected from the cars between New
London and Norwich. The defendant
is the New London Willimantie and
Palmer Railroad Company. The facts
our readers may remember; In De-
cember, 1889. Crocker. wanted 10 20
from Norwich TO New London. Upon
the arrival Of the freight train. he
went TO the Office TO procure ticket,
and found the door closed. as Is usual
on the arrival Of the freight train.--
The fare Is fifty cents when a ticket Is
bought-with out n ticket. tho charge
is fifty-fyo cents. Crocker went a.
board the cars. and when called on by
the conductor for his fare, stated that
he had applied TO the ticket-oilice. but.
finding il closed. he had entered the cars
with the intention Of going to New
London. though he had only City cents
with which TO pay his passage. The
conductor demanded the additional Eve
cents, otherwise he would be compell-
ed to put him out Of the cars. The
superintendent, who was on tho train,
was appealed to and confirmed the
decision Of the conductor. Several
persons. employed TO the train, were
now called upon, and assisted in thrust
ing Crocker out. His knee-pan was
broken, but whether by the fall or by
his efforts TO get upon the train again,
after il was in motivn, does not clearly
appear. He managed, by crawling,
to reach house, three-quarters Of a
mile distant.
The Judge. in his charge to the jury,
maintained that Railroad Company
was compelled to carry all persons that
applied for passage and offered TO pay
the required fare that it could make
noexceptions. though passenger may
so conduct as to justify the company in
putting him out Of the cars. Croker
had offered to pay the price of ticket.
and no more; and he claimed that he
used all diligence to obtain a ticket,
but could not, inasmuch as the Office
was closed. The jury were to inquire
whether he had reasonable time 10 OBJ
tain ticket. II he had not, there was
a trespass from the beginnicg, for, in
case there was not time, Crocker had a
right to go to New London at the price
tendered-namely, fifty cents. II he
had time, then he was bound 10 pay
the extra charge of FIVE cents. The
Judge further charged that ifthe COM
pany has a right to put Crocker out Of
the cars, il was for the jury TO inquire
whether only so much force was used
as was necessary to effect that object
whether he was kicked, and whether
his knee-pan was broken when he was
thrust from the cars, or when he at
tempted to geqon again. IL he had a
right TO remain in. he had right to
get on again; and in that case, il mat
tered not in what way the. Injury was
inflicted. the Company would be re-
sponsible for damages. If the de-
PENDANTS acted, through their agents,
wantonly. and were reckless of doing
injury to the plaintiff, then the Jury
would give damages. not only suffi-
cient to compensate the plaintiff for his
bodily injury, but sufficient, also. TO
protect the public from such acts Of
negligence and wantonness hereafter.
The Jury. after several hours deliber-
alton. brought in verdict zof $500
damages against the Railroad Compa-
ny. We should say the Company's
agent committed blunder in not re-
ceiving the tifty cents rendered, under
the circumstances: and those who own
stock in the road will probably take o
similar view Of the matter, when they
come to inquire after their dividends,