New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-11-16
RIGHTS OF PASSENGERS.
THE FIGHT OF A MAN WITH A RAIL
ROAD

tain an article written by Mr. john A. Coleman Oh ti"'
dcnce r. L. on his late contest with the New ana
New-Hayen Railroad The circumstances OF TINS contest
decided a few months ago by the Courts Of Massaehu
sctts m Mr. Coiemans favor viii be recalled oi mus
newspaper readers. About fOur years ago ne pul
a ticket fromI Providence TO New-York via Haro' 81.
New-Haven. Having been detained at NeW-h''oH A.,
n was TOO late 10 conveniently complete his Journey ~
rail he came TO New-York by STEAMBOAT ana 80 lu el
am his hands the railway coupon ticket from
40 New York Not having occasion to uSc tie 'i'Ae
between the points and in the dnectiVn In'''
Gated on its face he kept 10 uh'H June,
tsss one day in that month he apphed
Al ne ticket office Of the New-Havcn Rairoadh twenty
.everth--t for a ticket 10 Boston VIA Springfield This
fbe agent refused to sell unless Mr. Coleman would wait
fbree hours for the train that lei at O'Clock ID the
afternoon although the latter told the agent That ne de-
sired 20 stop over way station one tain TO DO some
teegraphing Mr.. Coleman then thinking this good
opportunity to his old coupon presented 10 the
guard stationed the entrance 70 the ears de met
with rude and nsolent treatment, not only rom the
guard from the conductor both said that the tcAeI
was good for nothing" and the conductor perempso
rv ordered Mr.. Coleman not to 90 on board the cars
and said that II he attempted it he would put him Oh
He then purchased ticket TO Providence via New
Haven and Hartford, and took his scat in the ears.
When the conductor gathered the tickets MI Coleman
offered his old coupon. The conductor refused 10 ~
ceive 1t. saying IL good from New-haVen 10 new
York but not for passage IN the opposite dlfecuon
As the tram uppfohCubA oiaui"ih tiD D"Ai'N'N- ~
peared again. and said very abrupt manner; Well
Sir how shall we settle this mutterf" Mr. Coleman
quietly before, and finally proposed to give
the conductor his address, and to agree that If the re-
ccptOn tho ticket resulted in the reprmand even OI
the conductor no would send To him the money Tor the
ticket provided he would return the ticket This the
conductor would not listen but said chat he should
pu Mr. Coleman Oh the train At Stamford he carried
ms threat execution. Five or six rough brake
men and baggage men wronehed him from the
scat taking the franc and cushion at the same time,
pounded with their fists and then threw him broad
side from the platform the platform OF the
depot struggle they the flesh from his arm
and leg and rupured him for life. As the train started
sgaln Sir Coleman got upon aCar but the superntehd
eut his son. and another man pulled him on ana neiu
hm until the train had Then he showed them ms
through ticket and asked them why they held him
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 $4,000 damages In
fhe first trial the jury awarded verdict In his favor Of
$500 After several weeks delay, the Judge set the
verdict aside at the request OF tine railroad, on the
ground that the amount was excessive. The second
trial occurred IN January 1870, and resulted IN dis
agreement OF the jury eleven standing for the plaintiff
and one who had connected with the road. stand
ing for the defendants The third trial took place in
May year. aud resulted in award of S3450
damages A new trial refused, and the road APP
praed 20 the Supreme Court on points of law. Here
new trial was ordered AMI after 10 months delay,
verdict of $500 damages was obtained
Mr. Coleman. after telling his story in very interest
ing manner. discusses az considerable length the laws
governing railroad companies and the rights and PRIV
eges of travellers. Tie takes his text the following
declaration made 70 him by prominent railway Official
and some OF the charges Of tie judge which viii be-
farrod TO further One OF the officials said to him on
ono occasion;
The road has no personal aaimosity against you, Mr
Coleman bu You represent he public; and the road rs
determined to make it terrible for tAe public 20 fight
going 20 DO attacked IN tbs way
These threats" says Mr. Coleman. "were not d.
rected against myself alone. but against the public
1t a limb is crushed by the negligence Of the
road men. Vght instead Of PAY the victim is their
theory Of dealing with the public; aud they Will remove
aI opposition by the power of wealth, influence with
che courts and sheer terrorism" In the first trial,
THE Judge charged directly against passengers upon
the road had right to make any rule " pleased for
Is own government aud If passenger broke rule he
me .ane ht 10 eject hn from It's carr that OF tho
cid not want him there me Ouf lues.lou IlI tH9 lIa
consider whether an excess Of violence mad been
used by the road IN the maintenance OF q right
Commenting on these rulings Mr.. Coleman says.
In the first place. 1 deny that a common railroad
ticket contract, IN the sense IN when the Judge u
once for passage between New-YOrk aud New Haven
tie passes his money O. the ticket master iecept Tor
that money is returned 20 hin printed an Z, over WIN
rules good for this day only forfeited II detache,
company not responsive loI Da--ake' pa9seILg i >
shall carry nothing Tor baggage ouI We'Ih- dpli ~
and II they desired, they might add the company VIII
hang the passengers 40 the end OF tho route Le them
make my rule tney please. and the Judge il "a
contract Has the road alone tho right to supply the
implies more than party except in the eyes Of his
court and the railway company II s lte 10 reply tAdt
visions on the part the passenger de cannot help
himself they nave got ms money anu nt must lahe any
business urgent aud hc must make the best Vi Als
helpless situation
10 would that railroad ticket is more ike The q.
Of banking corporation ueposit my lhohef ana
thoy give me their tickets what term Dauh-Dlls,
ritb fbe road. and in TIE mean time both institutions
nave the use Of my money. Would il law the
10 -ore -bonld be forfeited In dld not call for il six
. lroui d8fe7 How absurd Tor tine bank 10 maintain
tat it was a rule theirs winch OF their clerks SAID
cashier who in any event had right AXE any rules
all suppose mad gone 20 California a. soon a. had
Deposited the money couli nos nave dTa"A ny MoAey
iu six days; must lose ~
trfa ticket Is contract per S. then where is the Gov
eminent stamp any other contract
S' ISSS 20 h e2I pe S 9S Eo Is S
issued without such stamps
Mr. Coleman thinks that need a general railroad
law covering the following points;
First that the shall ho uniform and at reasonable
[aIs', say ~ r3cevs a hor rate un IL shall be upon
paying basis, allow IL an excess ana Lnlt the une
during which shall DE charged OF else pay me
road subsidy from the state funds upon the principle
upon which poor post routes maintained keeping
the rateslOW, and inducing thereby an lu1ux o settlers
who viii eventually supper road. Second, Wnena
nrst-class fare paid, s-lass passage shall be gwen
comfortable car with 7uch appointments as TIE Jaw
-lau specify; polite and klnd treatment to be required
from employees, ana the comfort and convenience "
passengers 10 be assured well as tue safety OF NE ana
limb When person is taken ~ chAree ny q Iillioa4
ne must Do delivered ia good order al the emo OF ht
Journey. unchanged Ia feelings and person, 10 he was
received Third wuena dollar Is received Tor taVc nom
passenger, the equivalent OF that dollar shall De re-
the company, but according 70 equity ana justice ana
tho reasonable demand OF tne passenger Fourth I'D al