The Portland daily press., 1876-10-16
Supreme judicial Court,

OBSERVATION-DISCLOSURES B. Broad and Emily Broad
his wife, VS. Eastern Railroad Company. To recover
compensation for being expelled from the cars at
Salem while on their way to Portland Oct. %, 1874
These two cases. tried together have been twice be-
fore tried, the first trial resulting in a verdict for
the plaintiffs for 81 36600 and the second in YER
dict for the plaintiffs for so, ,S4526
At the first trial the plaintiffs based heir claim on
three grounds, frst their right to ride on tickets
from Boston to Portland, which read from Bangor to
Boston, and had been punched from Bangor to Port
land; second, by virtue of the statement made to
them by conductor Towle previous to their going to
Boston, that he took such tickets and that they were
good; third, by virtue of an agreement between
conductor Pousand and Mr.. Broad at Lynn that
they might ride to Portland and there purchase their
tickets.
In this trial the first two points are abandoned
and they place their whole claim on the ground of
an alleged agreement with Pousland.
The plaintiffs and their daughter Mrs. Tewksbury
give substantially this account of the transaction
On the evening in question took the $40 train in
Boston en- route for Portland. Soon after leaving
Boston, Pousland, who assisted Hutchinson, the
through conductor, in collecting tickets as far as
Salem, came along to us. Mr.. Broad handed him
three tickets-two reading from Bangor to Boston,
and one Boston & Maine red ticket. Pousland ac-
cepted the B. & NJ. ticket, gave Mr. Broad check in
return for it, telling him that the other two were not
good. Mr.. Broad asked why. Pousland said be-
cause they had been punched. Mr.. Broad asked how
passenger could ride on ticket from Bangor to
Portland without its being punched. Pousland said
he did not see what difference it made whether they
received their money in Bangor or in Boston. Pous-
land went through the train. He soon returned and
aid the conductor ahead says that he cannot carry
you any further on those tickets. As soon as the
train stopped at Lynn. Pousland came along and
said we would have to get out. AS landed on the
platform Pousland said, L am sorry that any such
thing should happen why not buy your tickets here
MIR. Broad answered no, do not want to buy tickets
and pay SO when can buy them for 1920 in Port
land; had just soon retain these tickets provided
you will allow me to buy my tickets when we get to
Portland. Pousland said all right, get aboard. We
returned into the car and went unmolested far as
Salem AS soon as the train stopped at Salem, ,Pous-
land and stood in the door facing us, Hutch
inson came to us, thrust his hand out in an angry
manner and said, in loud and insulting voice, got
your tickets for Portland. Mr. Broad said yss and
passed out his tickets. Hutchinson said, good for
nothing get off and get your tickets get out. Mr..
Broad said he supposed he bad made satisfactory
rangements once. Hutchinson would not listen but
went along and stood the platform ct the foot Of
the car steps with his left hand the iron rod of the
car. AS Mrs Broad stepped out by him he aimed
blow at her back, which within foot or two or
less ofhittng her. MIR. and Mrs. Broad remained at
Lynn over night and came to Portland on the next
mornings train.
Mr.. Pousland denies that he consented for plaintiffs
to ride to Portland and there purchase tickets. Mr.
Hutchinson denies any inciviltv or aiming of blows
Verdict for plaintifs-Gustavus B. Broad, $16.79;
Emily Broad, $3.50.
Cliffcrds. N. Webb