Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1871-08-09
pecIsIons AfreetIng RaIlrat Trarelsrs.

, Within the past year or two num-
J Der ofimportant suits have been de-
eided in the courts, which go far to-
ward defining the rights Of railway
travellers, and the duties and respon-
sibilities of railway companies ascom-
mon carriers. These decisions have
been rendered at different times and
in different places, and il is doubtful
If the public know what they are, or
what degree of general importance
they possess. AS far as we have been
able to keep trace Of the results Of the
many suits which have been brought
by passengers against railway COM
] panies for violations of the common
law, we find the meaning OF the de-
cision to be substan tally as follows:
That persons travelling on railroad
! trains without tickets can be elected
/ If they do not offer the exact amount
of the fare; that all tickets being good
until used, a printed notice, or other
wise, that they are good for this day
only" or for any particular train, is
OF no account: that passengers who
lose or, for any reason, cannot pro-
duce their tickets when called npon,
can be elected, unless they provide !
themselves with other or pay their fare |
that passengers are bound to behave |
deeOrously in the cars, and to obey all |
reasonable directions and orders from |
the officers Of the rad, to show their
tickets whenever called upon to do so, |
and to occupy only such space as the |
ticket or tickets they may have shall /
call for, when others are not equally 4
well accommodated that standing 4
upon the platforms Of cars, or other [
wise violating the rules of the COM
pany. renders a person liable to be
put off train, and deprives him OF
all legal recourse in case Of accident
and that an article left on seat during
the temporary absence of the oeeu-
pant entities him 10 claim it on his
return. The companies, on the 9TH
er hand, are bound by conditions
equally stringent; In case OF accident
to life or limb, through any carless-
ness, neglect, mistake or recklessness
of an employee, damages may be re-
covered in proportion to the injury
done, and as the court upon hearing
of the facts may award. The'eompan-
les are also required 10 conform to
their printed schedules in the matter
of running trains, to permit no un-
necessary delays of trains which may
Inconvenience passengers, and to make
no distinctions other than those per-
mitted by law. All officers and en-
ployees are to be respectful in their
treatment of passengers, to use no
violence against any one except upon
what is legally recognized as 'just
provoeation." to give such necessary
information as they may be called
upon to furnish, and, in ejeeting pas
sengers who may be legally liable to
ejectment, to use only so much force as
may be needed to overcome resistance
and protect themselves against assault
in the discharge of their duties. Con-
duetors are also required to stop long
enough at all stations to permit pas ,
sengers to get on and of, to stop at
all points where they are required by )
the time table to stop, to protect pas ;
sengers against violence, insult or !
needless inconvenience from any :
sause, and to secure for: every ticket
holder such accommodations as his !
ticket may call for. For any neglect :
)r violation of these provisions of the /.
common law, travellers are entitled to !
.laim proper damages in the courts,
md when the claim is well founded
hey are pretty sure TO get them with
,ut much difficulty. In the present
tate Of public feeling against the
ligh handed measurse so often adopt
q by railroad companies and their
ervants. there is much more reason T
o fear that the companies will be un- b
ustly mulcted in damages for any b
allure to perform their duties as COM Il
non carriers, than that the claimants s.
will not get all the pecuniary compen- C
alton to which they are properly en- v
tiled. q