The New York herald., 1876-01-28

cars shall he run as omen as the puDnc convenience
require and shall be subject 20 such reasonable rules
aud regulations respect thereto from time TO time
may be prescribed BY city ordinance, and 70 the
payment Of licenses The Legislature has Also IN con
hrming grants horse lines made by the corpora
ton provided that the use and operation of the rail-
roads shall be N the manner mentioned and provided
IN the original ordinance Of the Common Council
with the Ike power and subject TO the like regulations
those specified in the agreements entered into
1851 and 1852 with the Second the Third
the Sixth. the Eighth avenue and other lines
And coming down To the latest acts Of In.
corporation by the Legislature Of New York city
companies-the Twenty-third street line in 1869 and
running OF the shall be the control Of the
Common Council in order that the pubic convenience
shall be best served The Legislature also reserves the
right 70 alter amend or repeal the Of incorporation
Al any time II may deem necessary.
WHERE THE REMEDY CONF FROM
Though II would appear that the Common council or
Board OF Aldermen has ample power 70 compel the
companies TO furnish a sufficient number oil cars 10
Accommodate The public and prevent oVercrowuihg yot
the Legislature having Of late years as stated above
chartered city railroads Il would 10 be better
that efficient remedy 70 correct the abuse and compel
q compliance With the law should be framed IN Albany
Last session Mr. stauf, city member, introducea
bill IN the Assembly 20 abate the evil but II was
smothered IN committee IL provided that no paAsen-
ger should be Obliged pay fare unless provided with
This would OF course be an eecual cure Tor II
Is not likely that a1er the seats were all full the
vehicles would he stopped 20 take in any more people
In tact this the proposition of the rnilroad com
panies themselves when seeking for grants from the
cty and they complied with IL for some tIme There
no why they should not do now except the
Of expense and indspostion 70 realize smaller
dividends which continuing 10 be almost princey IN
amount The licenses prescribed by law not paid
on pretcnce another More cars Is what is
needed and It ~ in the power OF the Legislature TO
make II compulsory on the companies TO furnish them
and also 70 pay their licenses The law as 10 the duty
OF railroads, whether propelled by steam or horse
power provide seats ID ad down in Case decided III
the Term Of the Supreme Court The case was
tried in Brooklyn Judge Emott delivered the opinion
IN which Judges Backus and Tappan eoncurred
AocoMAoDAroN
Thaa Uirad hv Ia In
for passengers said Judge Emott, means more than
room Sufhcient accommodation means room enough
10 receive the passengers In the OF railroad cars
II implies not only space enough within the 70
the passengers but also the means OF sitting IN
the usual manner during the journey II is incumbent
or the railroad companies furnish only room In
the cars but seats and il there be vacant seats the
passenger is entitled 10 damages for any Injuries he
may receive while standing on the platform. The
Court went further, and said that neither is
passenger bound 10 require person occupy
ing an entire seat 70 make room for him
though the seat be large enough for two persons 10
occupy when sitting properly. Nor is 1t the duty OF
passenger TO require persons TO remove articles which
they have placed upon a seat in order that they may
be seated All railroad companies are bound TO fur
nish and seats and not merely 70 furnish passen
gers with the means OF obtaining them; they
bound furnish without request and part Of
their duty. The duty Of their conductors and agents
rs absolutely TO furnish suitable accommodation-that
is seats and sufficient for comfort and Of passen
gers while travelling on their lines Another case Is
appended where the same subject is considered
STANDING ON f1ATFORAA
One Clark brought action against the Eighth Ave-
nue. Railroad damages for personal injuries
sustained by HIM in consequence OF collision between
one Of the cars Of defendant proceeding up Hudson
street and horse and wagon ON Canal street Plain
tin standing the steps OF the forward platform
of the and in that position wal struck by the shaft
huhsof the wheel OF the wagon and thrown from the
car, and injured HIS ankle and leg The inside Of the
car was full Al the time-every seat was occupied A
verdict for $3.50 rendered favor Of plaintiff
and on appeal being taken to the General
Term of The Supreme Court justices Suther
land, Bonney and Hognboom) It affirmed
The Court held that the railroad company and It's
conductors were bound to exercise great and
tion in carrying passengers Ordinary not
sufficient and the defendants failed their duty
complying with the statutory provision which required
notice 10 be posted up 'nside Of the car forbdding
the passengers stand the platform II is some
thing surprising TO consider the great length Of
time the public has patiently submitted TO the dis
graceful crowdng OF Long federation of the sys
tenn has hardened the companies TO indifference to
the rights of passengers and their legal obiga-
lions The time has fully arrived for an effective re-
form