Marshall County Republican. (Plymouth, Ind.) 1856-1878, 1872-12-19

nect0Q Win the suit had dI6d, ana one
witness for the plaintiff had moved to
Kansas, while young girls who were on
the train when the outrage was COM
mitted had passed from girlhood through
long courtships, and were already ma
irons. However, with the impetuosity
of youthful temperament, and the
knowledge of a just cause, made an
other onslaught upon the corporation
after only fourteen months delay since
the last trial, and obtained verdict of
So, 500 damages, after oneIhour's deliber.
alton by the jury. Z 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 to charge |
the jury that if the plaintiff had 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
responsible for the consequences. Ac-
cording to the railroad theory, therefore,
if a gentleman is attacked by scoundrel,
unless the victim gives a complete dag
nosis of his condition to the rufian he,
and not the william who struck him, is
responsible for consequences when his
skull is broken. To obtain the opinion
of the Supreme Court of Massachusetts
upon this important point has taken
twelve months more; but am happy to
be able to state that at last one point is
established by the Massachusetts courts
in favor of the rights of railroad passen-
gers, namely, that it is not necessary for
man to inform a rufhanly aggressor
what his grandmother died of, nor to
describe his hereditary symptoms, even
though it is the employee of railaoad
corporation who comes to strike him.
The case was one of simple brutal assault
in a public railroad car. The witnesses for
the plaintiff were well-known merchants
of Boston, who were members of the
Board of Trade, railroad directors, and
steamboat men, as well as others, includ.
ing ladies. Their testimony was clear
and consistent throughout every trial.
Pitted against their testimony was that
of the brakemen, the baggage-men, and
the conductor, every one of whom was
in the employment of the road and
party to the assault. Not passenger
who saw the outrage committed in the
car was brought forward by the road.
The testimony of the employees was SO
absurd upon the first trial, that the Court
was frequently interrupted by laughter.
! No testimony of theirs upon any after
trial has been like that of the first, but
was manufactured to suit the theory of
the railroad. It has been privately adj
mitted by the road that the facts were
| mil h,.t ho1 10 T
pose, the judges rulings, "was with
them" So simple case would have
been disposed of at a single hearing in
minor court, had it occurred between
two poor men. But have been COM
PEELED to pass through four weary trials,
lasting four years, gaining quick YER
diets from .juries, and being defeated
only by the first judge, who granted a
new trial to this railroad corporation,
because thirty-three hundred dollars
were excessive damages for the beating
and rupturing of man by their servant.
Being the Chief Justice, his rulings, OF
course, were taken as the law governing
the case by the associate judges who pre-,
sided at the subsequent trials, and from
whom | received great courtesy and
fairness.
But the contest is finished after the
exhaustion of every legal device, and
there is something to be said about it IL
the interest of the public. have been
repeatedly told by parties interested in
the road that the company had too
much money to be beaten by me, and
they would spend enough to defeat me-
The paragraph at the head of this article
is quoted from statement made to me
by an influential person connected with
the corporation. These threats were Of
no consequence as applied to me, fol
their object YVES intimidation. They did
not succeed. The corporation is beaten
have received the money for damages
which they said they never would pay
and my personal contest is ended. But
these threats were not directed against
myself alone, but against the public
This expensive suit was prolonged tc
prove that "right or wrong they would
make it so terrible for the public to fight
the road that they would stop it." If 8
limb is crushed by the negligence of the
railroad men, fight instead Of pay the
victim is their theory of dealing with
the public; and they will remove al
opposition by the pc yer of wealth, infu
ence with courts, and sheer terrorism
; "They may make any rules they please
for the public, and NAV carry out theil
arbitrary designs against the people il
spite of decency or common sense.
The only advantage to be derived from
this story is toopen the question whethe
the people or the corporations are thu
rulers of this country. Are the rail
roads and the courts the masters or oh'
!. servants of the peoplewho pay for both
, Are we quietly to allow railroad corpo
, rations to go on forever taking pos
| session of legislatures and establishing
the law for cur courts? Are we to ALLOW
only the extreme railroad view of cas-
, to be the law of our courts? Or ar
there two sides to railroad question a
! well as to others? Ifso, where shall W
, go that both sides may be fully cor
, sidered 2 Law is said to be common
f sense. Does it fairly represent the com
: mon sense of the intelligent people {
9 Massachusetts,, that private individua
: shall be kept in her courts for four year
: loft onorpoo,1o oynnpeo in q case of sim nj