The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1872-12-20

IN the m~aiuteuauce Oh u right. Inc
Jury, after being nut only one hour,
awarded me $500 damages. The
Judge, at the request Of the road, after
several weeks delay, set the verdict
aside on the exclusive ground that the
amount was excessive. The second
trial occurred in the same court in Jan.
uary, 1870, and resulted in y disagree
ment OF the jury. They stood eleven to
one for me, and il wa afterward under.
stood that the man vino disagreed had
been connected in some capacity with
the road. The third trial took place in
May. 1870, and resulted in an award of
$3,45O damages. Again the road de-.
manded a new trial, which the judge
refused to grant. The road then ap-
pealed to the Supreme Court upon the
points Of law. The Judge in charging
the jury had happened to say that If
the resistance of the plaintiff to eject.
ment from the car consisted in simply
refusing to walk out when he was told
to go by the conductor, of course blows
on the head, such as had been testified
to, were unnecessary, and if the jury
were satisfied that such blows had been
given a verdict should be rendered nc.
cordingly. This bit OF common sense
gave a new opportunity for the
exhibition Of that wonderful subtle.
ty called claw" The Supreme
Court, after the usual tedious de.
lay Of several months, in which
plaintiff and witnesses had abundant
time to die, gave the New York and New
Haven Railway Corporation another OPP.
portunity to fulfill their threat of max.
ing it " terrible for the public to fight
it, right or wrong" It.:decreed hat the
judge had no right to give an opinion as
above, but should have left the question
for the jury. Accordingly a new trial
was granted, which took place in June,
1871. Up to this time three people con-.
nected with the suit had died, and one
witness for the plaintiff had moved to
Kansas, while young girls who were IN
the train when the outrage was com.
mitted had passed from girlhood through
long courtships, and were already ma
irons. However, with the inn etuosity
of q youthful temperament, and the
knowledge of just cause, l made an.
other onslaught upon the corporation
after only fourteen months delay since
the last trial, and obtained a verdict Of
50 500 damages, after onelhour's deliber.
alton by the jury. For the fifth time
the road demanded another trial, which
being refused by the judge they again
appealed from his ruling TO the Supreme
Court. They asked the judge I charge
the jury that il the plaintiff had a ten.
dency to hernia, or any physicist disa-
bility that was liable to be increased by
violence, the plaintiff ought to have so
informed the employees OF the road, and
failing in that he, and not the road, was
for the consequences. Ac-
cording to the railroad theory, therefore,
a gentleman is attacked by a scoundrel,
unless the victim gives a complete dag.
nosis of his condition to the rufian he,
and not the william who struck him, is
tor consequences when his
skull is broken. To obtain the opinion
upon this important point has taken
twelve months more but ] am happy to
be able to state hat at last one point is
by the Massachusetts, courts
in favor of the rights of railroad passen
gers, namely, that it is not necessary for
! man to inform a ruf1anly aggressor
what his grandmother died of, nor to
describe his hereditary symptoms, even
it is the employee of a railaoad
who comes to strike him.
The case was one of simple brutal assault
n apublic railroad car. The witnesses for
he plaintiff were well.known merchants
If Boston, who were members of the /,
Board OF Trade, railroad directors, and [,
men, as well as others. includ. ,
ng ladies. Their testimony was clear :
md consistent throughout every trial. :
Fitted against their testimony was that :
# the brakemen, the baggage men, and i
he conductor, every n OF whom was ;
n the employment Of the road and a I
'arty to the assault. Not a passenger
Vho saw the outrage committed in the :
ar was brought forward by the road. !,
he testimony of the employees was so !
bsurd upon the first trial, that the Court +
Ias frequently interrupted by laughter. Il
testimony of theirs upon any after !
rial has been like that of the first, but +
'as manufactured to suit the theory of =
he railroad. 1t has been privately adj
1itted by the road that " the facts were
nth me, but the law" meaning, l sup. =
ose, the judges rulings, was with =
So simple a case would have =
cen disposed Of at a single hearing in i
minor court, had it occurred between a
poor men. But | have been com. =
elled to pass through four weary trials, !,
four years, gaining quick yer. h
lets from juries, and being defeated i.
My by the first judge, who granted a =
ew trial to this railroad corporation, !,
ecause thirty.three hundred dollars !,
ere excessive damages for the beating I
nd rupturing of q man by their servant. ! !
cling the Chief Justice, his rulings, of !,
purse, were taken as the law governing ,