The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1872-12-02
acknowledgement
-, or PassCngcrs.-.''The Fight
KF ~, Man with a Railroad"

-, or Passcngcrs..."The Flight
otu Man with a Railroad"
,.n ,be n. Y. TrbanC,)
rso Atlantic Monthly for December
II nv SSonisiu an article written by Mr.
Wv W., Coleman OF Providence, i. l.
'oIG late contest with the New YOrH
% n Nav Haven railroad. The Circum-
~, ...c -sS Of this contest, decided q few
.., ,-;Ss sro by the courts Of MassachE-
1 W IN Nr Coleman's favor, will DO re-
S .SSI nv most newspaper readers. About
s',sy rc;rs ago he purchased n ticketfron
o.|,r;ience to New York via HartIorC
t. JSSw Haven. Having been detAtneC
NAV NAV IIayeu untilit was TO late to con
As.sisn,ly complete his journey by rail hi
mS ~ New York by steamboat, and sc
All on his hands the railway coupon
.i'sc, from New Haven to New York
vi vi having occasion to use the ticket be-
; ~. ~ ,hc noints and in tic direction In
T I;c,,ej on its face, he keptit until June
v va One day In that month he applied
=. IN ,be ticket.otllCe Of the New Haven
s,a,oSl in Twenty.sevenih street for q
ike, ,' to Boston via Springfield, This The
. " refused TO sell unless Mr.. Coleman
+Snd wait three hours for the train that
SS,t three o'clock in The afternoon, al
,SorSb The latter told the agent that he
ie.i,eJ to stop over At a way station one
,,,iSfb do some telegraphing. Mr. Cole.
nan ,len thinking this q good opportu-
nilv 10 use his old coupon, presented it 10
n: ,uaFd stationed at the entrance 10 the
an lie met with rude and insolent
treatment, not only trom the guard, but
rom the conductor; both said that tho
,irEet was good for nothing" and the
CONDUCTOR pcremptorily ordered MIR. Col.
man not togo aboard the cars, and said
hat il be attempted II he would put him
al He then purchased ticket 10 Prov.
Ieuce via New Haven and Hartford, and
NIX bis seat In the cars I'LL
When the conductor gathered the tick.
"a Mr.. Coleman offered his old coupon:
Tbs conductor refused 70 receive it, say
ior i was good from New Haven TO
ySw York, but not for a passage in the
opposite direction. as the train approach.
Il Stanford the conductor appeared
gain, and said In q very abrupt manner /:
We'll sir, how shall we settle this mat
prT Mr.. Coleman answered queietly,
q before, and finally proposed TO give the
conductor his address, and TO agree that
1.-THE reception Of the ticket resulted in
Me eprimaud, even, Ofthe conductor he
would send to him the money Tor the
ticket, provided he would return the tick
It This the conductor would not listen
o. but said thsthe should put Mr.. Cole
man of tue train. At Stanford he carried
b., thrGst into execution. Five or six
rough brakemen and baggage.men
wrenched him from the seat, taking the
frame and cushion at the same time poun-
lel him with their fists, and then threw
him broadside from the platform OF the
cat to the platform OF the depot. In the
struggle they tore the flesh from his arm
and leg aud ruptured him Tor life. As the
uain started again MI. Coleman got upon
: car, but the Superintendent, his son,
Aal another man pulled him oil and held
him until the train had gone. Then he
showed them his through ticket and asked
hem why they held him.
When Mr. Coleman reached Boston he
aItched the New York express train,
Iartally owned by the New Haven Com.
pagy, and brought suit against them in
the Superior Court Of Massachusetts, for
10000 damages. In the first trial the
Jury awarded a verdict in his favor Of So,
vOO. Alter several weeks delay, the
Judge set the verdict aside at the request
Of the railroad, on the ground that the
amount was excessive. The second trial
occurred in January, 1870, and resulted
u a disagreement Of the jury, eleven
Standing for the plaintiff, and one, who
lad been connected with the road, stand.
M Tor the defendants. The third trial
"ok place in May of the same year, and
resulted in an award of 50 $50 damages.
A new trial was refused, and tho road
appealed TO the Supreme Court on points
u law. Here a new trial was ordered,
41d, alter thirteen months delay, yer.
lct Of $500 damages was obtained.
Mr. Coleman, after telling his story in
avery interesting manner, discusses at con.
siderable length the laws governing rail
foAl companies and the rights and privi.
Ieses Of travellers. He takes as his text
taeiolIowing declaration made to him bys
Prominent railway Official and some OF
lae charges Of the judge which will be
referred to further on. One of tho officials
All to him on one occasion:
The road has no personal animosity
against you, Mr.. Coleman, but YOU rep.
resent the public; and the road is determ.
ned 10 make it so terrible for the public
u lSA1it, right or wrong, that they will
IN this way"
These threats" says Mr.. Coleman,
were not directed against myself alone,
out against the public. ~ ia
IIno is crushed blythe negligence of the
IAlItoad men, fight instead Of uGy the vic.
N1 IS their theory Of dealing with the
PsooIlCi and they will remove all oppo-
'ilonb by the power Of wealth, influence
Tl1 The courts and sheer terrorism" II
The first trial.
The Judge charged directly against
Tasengers upon every point. He ruled
Iaat the ticket waa q contract; that the
iGAd had a right to make any rule Il
p'eased Tor its own government, and h
J. passenger broke a rule he was
HsPasser, and being a trespasser
lae road had the same right tc
ENI him from its cars that one of the
!GyIen had to cleo! a man from his pri,
TNe house ifhe did not want him there
IN, Iae only question for the jury to consider
E "s, whether an excess Of violence had
W oSsa aSed by the road in maintenance
Rlu says: '' "A'' 00''
In the first place, 7 deny that 4
,olnon railroad ticket is a contract, In
Iaeselses in which the Judge decided it
; = traveller applies, for example, at thu
TVAstolfce for q passage between New
IOrE and New Iayo, un ,1open. III,