Evening star. [volume] (Washington, D.C.) 1854-1972, 1866-03-17
LOCAL NEWS,

IHR SUIT AGAINST THE STREET RAIL
ROAD CoMPANY.-In the Circuit Court Chief
Justice Cartier, the case of Stein against
the Washington and Georgetown Railroad
Company is on trial-an action for SlO,O0U
damages for injuries received by having his
legs broken while riding on the fGont plat
form OF a car. in September, 1864. Msssrs.
Schmidt and Mattingly for plaintiff, and Brad
ley and Marbery for the Company.
Yesterday The plaintiff, Fred Stein, was first
called and testified that he got on the front OF
the car when il was as full as usual that a
piece of timber was lying on the front platform:
and in gong through the Capitol enclosure the
timber struck against the gate and crushing
him against the car broke his leg. Witness is "A
shoemaker and from the effect of the injuries
received he has not been able TO work at his
trade since.
Several witnesses testified to the iniuries he
received and the manner he received them.
Mr.. Rely. the conductor on the car at the
time, testified Tho morning that a Jack for
raising coaches was placed on the car at 9TH
street, before Stein got on. Stein got on at first
the rear platform, and ne was told to go inside,
but instead he went on the front. There Were
not more than six or seven passengers in at
the time, and he was asked 10 come inside, but
he continued TO sit on the front platform. The
Jack was not as long as the car was wide, and
was between Stein and the driver. By the
regulations OF the company, freight is ALWAYS
taken on the front platform.
After the close of the evidence and several
prayers for Instructions to the Jury had been
offered and discussed, the following were
granted:
LIST. The Court instructs the Jury that il from
the evidence they shall find that the plaintiff
by hls carelessness was out of his proper place
In the car, and the Injury he received was su-
perInduced by this act, he cannot recover. But
there is an open question to the legal occu-
patton Of the platform. The regulations of the
company, although addressed TO the conduc-
tors and other officers, are binding upon the
public, IL brought 10 their knowledge. And If
the conductors live up to and enforce them
they would be noticed by the passengers. But
II they permitted passengers indiscr I'M ately
to occupy the platform or the inside of the cars
at their option. they do not bind the public.
II man takes an outside place he takes il
subject TO all the ordinary risks Of such po-
sItiop, provided he can get an inside place.
But 1t Is only the ordinary risks of the more
exposed position which he perils: and IL the
company superadds other dangers, they do il
at their own risk. If they placed freight in
compatible with the safety of the passengers,
having reference 10 the condition of the road,
and the injury resulted from that oause, they
are liable, in the absence of proof bringing
home the knowledge OF these facts to the plain
tiff.
To ~ hich instruction the defendant excerpts.
I'd. II from the whole evidence the Jury shall
find that the injury of which the plaintiff COM
plains was caused in whole or part by the plain
tits negligence and want Of ordinary care; tn at
the plaintiff was notified by the conductor not
TO sit on the platform with his feet on the step,
and be remained and received the injury while
so sitting; and If he had been standing up on
the platform it would not have happened, then
the plaintiff is not entitled To recover.
The Court added the following qualification
to which the defendants except:-Provided it
appears from the whole evidence that the
plaintiff was advised of the condition of the
road in reference to the gate post.
The defendants pray the Court to instruct
the jury that the rule of damages in this action
is n reasonable and just compensation for the
injuries sustained by the plaintiff, if the Jury
shall find that the defendants are liable for any
damages; and that compensation embraces the
costs and expenses TO which he was put by
reason Of said injury; the value OF the time lost
by IL ason thereof; and Just and reason able
ALLOW ance for the permanent injury sustained
by n in the effect it has and Will have on
his ability TO maintain himself: together with
an allowance for the pain and suffering which
he fl dured, but this lie not 10 be made the pre-
text Tor punitive or explenary damages
Tie case will be argued to the jury on Mon
6ty.