The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1869-07-15
Overloadiug street Cars-Intercsting
CaaN DariaN0.

OverloadiuG street Cars-Intercsting
Case Decided.
In the Philadelphia Court Of Quarter ses-
sions, Judge PIERCE presiding, on Monday
last, decision Of general interest TO the
pdblic was wandered. James Lewis and John
slavin were charged with cruelty to animals,
one being the conductor and the other the
driver Of q car on the Union Passenger rail-
way. The parties were indicted at the In.
Ntance OF the Bociety for the Prevention OF
Cruelty TO Animals, and Gustave Remak,
esq, prosecuted the case as solicitor for the
society. The testimony In the case was as
follows.
James Fitzpatrick, the agent Of the Society
for the Prevention of Cruelty TO Animals,
testified that in consequence Of repeated
complaints made 10 tho company Of the e.
ecssive crowding Of the Union railway cars,
he was instructed to look out for strong
case, so that II might be brought to the at
teutlon Of the courts. Accordingly, on the
9Th of last month, he, In company with q
gentleman named Williams, walked out the
line Of the road, and, after noticing several
heavily ladened cars, but drawn by good
stock, at Twelfth and Spring Garden streets,
about 4 o'clock In tho afternoon, saw car
No. 9 literally packed with persons, aud
drawn by only two horses, one Of which was
jogging along with dropping head aud gen
orally exhausted appearance. He got on
the platform, squeezed into the car, and
counted upon 1t over sixty grown persons
and some SIX or seven children. At Six
tecnth street begins quite hill, the rise Of
which to Seventeenth is nine feet, and here
he and several passengers got out and aided
In pushing ny the grade. At Twenty -third
and Brown streets 10 another hill, which
continues to the depot in Brown street. Tho
car was quite full until II reached the depot,
and here the weak horses before mentioned,
when unhltched, seemed to have lost all en-
crgy, and had actually to be pushed Into the
stables by one OF tho company's employees.
On the way Il was remarked to the con-
ductor that he had heavy load, and he re-
marked that there wero about forty passen-
gers. -.H-
Alter tho hearing Of other evidence on
both sides, and the remarks OF counsel,
Judge Pierce proceeded to charge the Jury !
He referred TO the law relative 10 cruelty
To animals, and said the passenger cars were
a very great convenience, and had become
necessary by the extended sizo Of tho city.
The streets had been given 10 them In very
| liberal manner, with view to the accom-
mediation afforded. Persons connected with
these companies were, however, amcnablc to
w
have certain privileges and rights, there arc
certain obligations Imposed BY statute and
common law that must not be overlooked.
| They must so conduct their business as not
to interfere with the rights Of others, nor
violate the laws Of the Commonwealth.
This was not proceeding against the COM
pany, but against two persons In their en-
| ploy, who cannot justify an unlawful act by
| saying they were directed TO do SO by the
company. The question Is, did they violate
the lawi Ifthls company commanded them
| to act In an unlawful manner the act would
not be justified, for no body Of men can re-
| quire another body Of men to do an unlaw-
| full act. II these men permitted persons to
| get on the cars TO the number To be burden
some and cruel to the animals the law
would be violated. 1t is said the driver was
| not responsible, but the conductor alone
was. The driver, having tho management
Of the horses, was supposed to know what
load they would draw, and II was his duty,
| II he thought tho car was overloaded, TO say
so to the conductor, and request him not to
place any moro persons In the car.
| In the absence OF any such application
| II could be inferred that the people were
placed on the car with his consent, and II SO
he was Justly liable with the conductor. Tn,
conductor has tho right to decline to stop fol
a passenger, and refuse to carry others II hi
car Is full, and the copditlon such as to bur
den the poor beasts. If he does not do so b,
Ia responsible, no matter what orders no ha
received from the president. Persons witt
pay for q seat In tho cars have the right no
to be incommoded by being jammed O.
pushed against, or generally Inconvenience
II would be much better II the railway com
panies would endeavor to furnish aecommc
dations to enable every one to ride wit
comfort. On the arrival Of steam cars, o
at times when there is great transit at Gel
tain points, II would BIO far better If add
tional cars were in readiness.
These were suggestions, however, and b
did not desire 10 be misunderstood. 1t wa
for the Jury TO be satisfied whether there wa
) being cruel to the animals drawing the ca
, II so, the odcnse was made out. II, In II
opiuion Of the jury, there was no cruelty
the animals, that they were not cruelty bu
dened, then they should render verdict ,
not guilty. These railroad companies coul
scarcely Justify themselves by the inconvei
fence they put the public to by tho mann'
In which they crowd the cars.
Tho jury retired, and after a short abscnc
: returned with verdict OF "Guilty."
{ Judge Pelrce, In passing sentence, said Il
A defendants had been convicted of cruelty
animals In overlooking carts. 1t was Il
: first case that had been before the cour
Q and the sentence would not DO burdcnsom
but enough to put them and all others @
guard, SO as not TO overload cars. The sci
tence OF the court was, that each of tho pa
ties pay fno OF s25 and costs; and ho d.
sired to say that If any future convictio
should arise, the fine now imposed would
no guide for any future action OF the court
The conductor now said he had boon
conductor for three years, and would like
, be instructed as to how many passengers !
could carry.
, Judge PIERCE. You must consult the con
I pany US TO that, and take care not TO Owe
/ load your horses.
The Conductor. How am to keep Il
1 people OFT
3 Judge Pclrcc. You have tho right to kcC
, them of.
q The Conductor. Can keep colorcd ma
a OFT
a Judge Pcirce. Certainly; If you have
many passengers as you can accommodate
u you can keep any man oil.
q The defendants wero allowed until Satu
!, day to comply with the sentence.
DIED.
= nia.s! q more than ssa:pissa ncatS!. Mr. J,
,. LiTTLL. in the seih year Of his age.
e dssss. s$fnsr q sIa.S "a i .s1ssi., ,hi: al,
g noon AZ clock; The friends Of tho family !
m | terpcthullD "
n GORDON. On Tuesday. lhh instant. Of &C
= sumption, after lin sering Illness. JAS. II 90
n The relatives and friends Of tho family ara |
yitsd 70 attend hi. funeral g day; 18th instant
street east, bstween u and streets south.
l. MocIosKEY,- on The mornlnE Of the lilh. Al
short illness, CaAs. ". srosEsrsEsr Infant sot
4 William 5, aud Annie X. MsClo.ksy. aged
u mouths.
IS tn. friends Of tho tamii are respectfully
4 yited to attend tho funeral from the residenee
l. Its parents. S2i Seventh street, between X aud
ie streets. this morning at 10 o'clock.
ID R0CHE.-on Wednesday morning, July
N BPEsCER NJ. youngest child Of Joseph X. and
" l.. Roche, aged mouths aud 10 days.
v, His funeral will take place at Z. u. 10. dAy.
in Undertakers.
q RICHARD Y. HARVEY. ALONZO A. MAR
As RvEY g. M AR r,
=, U N D E R T A X E R S.
NO. sso r STREET,