The Portland daily press., 1869-09-30
To What Do Our Tickets Ensitie U.s

There has been much newspaper comment
upon the Curtis-C Churchill difficulty which
arose from the latter gentleman taking car
seat which the former had mentally reserved
for friend whom he thought might perhaps
ride home upon that train. So far as we
have seen, the discussion has been confined
to the merits of the quarrel between these
parties and to the propriety of the sentence of
Imprisonment inflicted upon Mr.. Curtis for
his assault. We think, however, that there
is an aspect of this case which concerns the
railroad company in whose car it occurred. It
is certainly Evidence of an insufficient COM
prehension of the duty devolving upon COM
mon carriers of passengers that, upon one of
the best managed roads in the country, tick
et-holders are left to test the right to a seat
by the exertion of physical strength. Com
mon carriers of freight are held to be liable
for its safe carriage except from causes aris-
ing from the act of God or of the public enc
my. They are insurers of the goods commit
ted to their care. Can it be that their re-
sponsibility is any less with reference to the
lives, limbs and comfort of the passengers car
red by them, at much higher rates of tram
sportatiOn? Have the companies a right to
leave 1t to the sense of justice or courtesy of
ones fellow-traveers to say whether or not
he shall be permitted to occupy the seat for
which he has paid? Ought they to allow one
passenger to take up two or four seats, while
another, who has paid full price for his ticket,
is thereby compelled to stand? Yetthis mat
ter IS always left to be regulated by the con-
science or the courtesy of the passenoers
Rarely, if ever, do,the managers Of tho tr.;n
seem to consider it within the scope of their
duty to see that the traveller has his rights
awarded him. Clearly these officials oupht to
regulate the matter. These corporations are
bound to something more than mere trans
portation of the bodies ofthe passengers: tbev
are bound TO exercise due regard for the COM
ior' OF their customers. They have valuable
nAichlses, great privileges and arbitrary pow
granted to them by their charters. They
our lands, cut up our farms. run
''iousn our orchards, or door-vards cut down
our hon,os,a ornamental trees, and deyastate
om oua nonss'eaas a 0 at their owu good pleasure
ana we are powerless to resist. Tn ratur,, ' -,
have right to demand that tbev ah.m I.uin we
to the people all the advantages Of safs ' give
and comfortable transportation reasonsb.1 stseos
command and at reasonable rates. If 81 ~
allow one passenger by indecent language or
action to disturb the peace and comfort of his
fellows, and thereby invade their rights, they
are morally and legally responsible for the out
rage which they can, and the traveller cannot,
prevent.
This obligation, as resting upon the nronr;e-
tors of passenger vessel, was laid down bv
Judge Story in Chamberlain u. Chandler. 2
Mason's Rep, 245, in terms equally applicable
to carriers by land: ''The contract" he saws.
"is not for mere ship-room and personal ex-
istence; but for reasonable food, comforts,
necessaries and kindness. 1t is a stipulation,
not for liberation merely, but for respectful
treatment, for that decency of demeanOr
which constitutes the charm of social life, for
that attention which mitigates evils without
reluctance, and that promptitude which ad-
ministers aid TO distress" And this "decency