New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-11-24
RIGHTS OF PAssENGERs.
''Pke Fight Of "a aLan with q fGnilnoad -
John A. CoIeman's StOry-A Renarka~
BILE Case


his late contest with the New York and
New Haven railroad The circumstances
| OF this contest, decided few months age
by the courts Of Massachusetts in Mr.. Cole
| mans favor Will be recalled by most news
paper readers. About four years ago he
purchased ticket from Providence to New
! York via Hartford and New Haven. Hav
ing been detained at New Hagen until Ii
was too late to conveniently complete hit
journey by rail, he came to New York by
steamboat, and SO had left on his hands the
railway coupon ticket from New Haven tt
New York. Not having occasion tC
use the ticket between the points
| and in the direction indicated on
its face he kept it until June
1868. One day in that month he applied ri
the ticket office of the New Haven railroad
in Twenty,seventh street, for ticket tc
| Boston via Springfield. This the agent re
fused to sell unless Mr.. Coleman would wait
! three hours for the train that left at three
o'clock in the afternoon, although the
| latter told the agent that he desired to stop
| over at way station one train, to do some
| telegraphing. Mr.. Coleman then thinking
this q good opportunity to use his old
| coupon, presented it to the guard stationed
at the entrance to the cars. He met with
rude and insOlent treatment, not only from
| the guard, but from the conductor; both
| said that the ticket was good for nothing, -
and the conductor peremptOrily ordered
| Mr.. Coleman not to go on board the cars,
| and said that if he attempted it he would
| put him off He then purchased ticket to
Providence via New Haven and Hartford,
| and took his seat in the cars.
| When the conductor gathered the tickets
Mr.. Coleman offered his old coupon. The
| conductor refused to receive it, saying it
was good from New Haven to New York
| bnt not for passage in the opposite direc-
! ton. AS the train approached Stamford
| the conductor appeared again, and said in
| very abrupt manner: "WeIl, sir, how
! shall we settle this matter?" Mr.. Coleman
| answered quietly, as before, and finally pro-
! posed to give the conductor his address,
| and to agree that if the reception OF the
| tickeb resulted in the reprimand, even of
the conductor, he would send him the
money for the ticket provided he would re-
turn the ticket. This the conductor would
not listen to, but said that he should put MIR.
Coleman Oft the tram. At Stamford he car
ried his threat into execution. Five or six
rough brakemen and baggage men wrench
cd him from the seat taking the frame and
cushion at the same time, pounded him
with their fists and then threw him broad
side from the platform of the car 80 the
platform Of the depot In the struggle they
tore the flesh from his arm aud leg and rup-
cured him for life. AS the train started
again Mr.. Coleman got upon a car, but the
superintendent, his son and another man
pulled him off and held him until the train
had gone. Then he showed them his
through ticket and asked them why they
held hiIh2
when Mr. Coleman reached Boston he
attached the New York express train, partly
owned by the New Haven company, and
brought suit against them in the Superior
Court OF Massachusetts for $40, 600 damages.
In the first trial the jury awarded a verdict
in his favor of $4,000. After several weeks
delay the judge set the verdict aside at the
request of the railroad on the ground that
the amount was excessive. Tho second
trial occurred in January, 1870, and resulted
in disagreement Of the Jury, eleven stand
ing for the plaintiff and one, who had been
connected with the road, standing for the
defendants. The third srial took place in
May of the same year, and resulted in an
award of $3.50 damages. A new trial was
refused, and the road appealed to the Su-
preme Court on points of law. Here new
trial was ordered, and, after thirteen
months delay, q verdict Of $500 damages
was obtained.
Mr.. Coleman, after telling his story in
very interesting manner, discusses at CON
siderable length the laws governing rail
road companies and the rights and priv
leges of travellers. He takes as his text the
following declaration made TO him by q
prominent railway official and some Of the
charges Of the Judge which will be referred
to further on. Une Of the officials said to
him on one occasion.
The road has no personal anim0eitv
against you, Mr.. Coleman, but you repro
sent the public; and the road is determined
TO make it so terrible for the public to fight
it, right or wrong, that they will stop It,
We are not going to be attacked in this
way"
These threats" says Mr.. Coleman,
were not directed against myself alone
but against the public. If a
limb is crushed by the negligence OF the
railroad men, fight instead OF pay the vie
tim is their theory of dealing with the pub
lie; and they will remove all opposition by
the power Of wealth, influence with the
courts, and sheer terrorism" in the first
trial 1.-The judge charged directly against
passengers upon every point. He ruled
that the ticket was a contract; thas the
road had right to make any rule it pleased |
for its own government and if passenger
broke a rule he was trespasser, and being
a trespasser, tho road had the same right TO !
eject him from ite cars that one of the curry |
men had to ejeCS q man from his private |
house if he did not want him there. The |
only question for the jury to consider was
whether an excess of violence had been |
used by the road in the maintenance Of a |
right"
Commenting on these rnlings, Mr. Cole |
man says:
"In the first place, deny that common |
railroad ticket is a contract in the BenAe IL |
which the judge decided it. A traveller ap- /
plies, for example, at the ticket office for
passage between New York and New Haven /
He passes his money to the ticket mas Ser; a |
receipt for that money ia returned to him |
printed all over with rules good for this |
day only, forfeited if detached company
not responsible for baggage, passengers |
shall carry nothing for baggage but wear
ing apparel and if they desired, they might |
add. the company viii bang the passengers
at the end of the route Let them make
any rule they please and the Judge says it
is a contract. Has the road alone the right |
to supply the conditions Of the contract |
A contract implies more |
than one party, except in the eyes of this
court and the railway company. 1t is idle
TO reply that the acceptance of the ticket
implies assent to it's provisions on the |
part Of the passenger. He can not help |
himself; they have got his money and be
must take anything they choose to give !
him. The train is waiting; his business Is
urgent; and he must make the best OF his
helpless situation
at would seem that railroad ticket is
more like the issue OF banking corpora
ion; deposit my money and they give me
their tickets, or what We term bank bills,
which are redeeDabIe at my convenience, |
The same with the road; and, in the me an
lime, both institutions have the use of NV
money. Would 1t oe law for the bank 70