Buchanan County bulletin. [volume] (Independence, Iowa) 1869-1891, 1872-08-02

Two tiny feathers fall and Aoat.
| As silently, - tenderly,
The dawn Of peace descends ON me,
oh, this II peace. have NO need
OF friend to talk, or book to read,
A dear Companion here abjdes;
Close to my thrilling heart he hides;
Tho holy silence 10 His voice;
i lie and listan and rejoice. ....-=.
HINTS TO TRAVELLERS.
Interesting Inabrnatiea 8sr An Sort
efPesple.
FROM the New York Evening Nail.
As the transportation of passen
gers and baggage is of more or les.
interest to the whole community, :
brief discussion Of the topic at thi.
season of the year, when the sum
mer travel approaches its height
may not prove less instructing thar
interesting. The first question
which meets us on the threshold Of
investigation is
WHO Is A PASSENGER?
A passenger has been defined to
be ga person who undertakes, with
the consent of the carrier, to travel
in the conveyance provided by the
latter, otherwise than in the service
of the carrier as such. Any acts
indicating on the one side an offer
or request to carry or be carried,
and on the other side an acceptance
of such offer or request, are suffi.
cient." And even where the con.
veyance was chartered by a benefit
society for an excursion, the tickets
for which were sold and distributed
by the treasurer of the society, yet
the holder of such ticket was deem.
ed a passenger with respect to the
carrier. Nor will the fact that a
person travels under another's pass,
by its terms not transferable, but
with no intent to defraud, and with
the knowledge of the carrier, affect
his rights as passenger.
Neither the payment of fare nor
an entry into the cars OF q railroad
train is essential to create the rela-
ton of carrier and passenger. Be-
ing within the reception room wait.
ing to take the cars will mako an
individual a passenger as effectually
as if such person were within the
body Of the car. So where q stage
was run by . railroad company to
carry passengers to its train, per.
son riding on such stage with in
tent to take passage On the train is
a passenger with regard to such
company, although the person had
not yet purchased ticket, or made
any formal announcement of a pur-
pose to do so. And the fact that an
omnibus or stage stops for a person
hailing it, is sufficient evidence that
it accepts such person as passen-
ger, and from that moment the rela-
tion begins, and the liability Of the
carrier to the passenger attaches.
A carrier Of passengers, however,
is not liable for the safety Of pas
sengers to the same extent that a
carrier of goods Is for the safety Of
property, for the simple reason that
passengers are not SO much under
the control of the carrier as goods
are, and that it would be unfair to
impose on the former carrier the
strict liability of the latter without
the accompanying power or control.
Therefore, in general terms, the
carrier of passengers will only be
liable for the negligence or wilful
wrong of himself or Of his SER
wants. .....
Carriers of passengers frequently
endeavor to limit their liability to
passengers by Endorsements ON
FREE PASSES AND TICKETS.
In most if not all the States, rail.
road companies are permitted to is
sue free passes, which are frequent.
ly indorscd in such q manner as to
relieve the company from damages
sustained by passengers using such
passes. When indorsed, for in.
stance, "that the company shall moi
be liable under any circumstances
whether of negligence Of it's ser
wants or otherwise, for any injury
to the person using this ticket" the
company will not be held liable fol
any injury occasioned by the mere
negligence of its servants, and such
contract is not void as against
law or public policy, although 9th
crwise If the passenger even indi'
rcctly pay compensation for being
carried. Though the company may
limit its liability by positive con
tract, mere notice on it's tickets
or elsewhere can have no such ef
feet, even where the notice il
brought to the knowledge Of thu
passenger. Tickets also are fire
quently indorsed "good for this tril
only" in which case the indorse
ment must be construed as referring
to the journey, and not to any par
ticular day or train, so that under
it passenger may be entitled to ,
passage on . day subsequent to it,
date. When he commences hi
trip and becomes passenger theI
the ticket is good for that trip and
no other.
But where the Endorsement reads
"0ood for t.co days after date," tn,
ticket Is Of no force after tho expi
ration of that time.
Tickets may be required to b.
shown or surrendered in exchange
for the conductors check, and whel
SO requested, in accordance will
the regulations of tho company
the passenger should comply will
the request, since upon refusal b.
is liable to pay fare for the distance
he has travelled or be elected from
the cars. But passengers are no
ttissl