The Cheyenne daily leader. [volume] (Cheyenne, Wyo.) 1870-1884, 1879-11-08
PAsSEN GER AND CARRIER.

This is such a pre-eminently travel
ing age that the legal status of the
citizen in his relations to common car
riers is a subject of almost unlimited
public interest. Especially is this true
in view of the multiplicity of instances
where the citizen has, or fancies that
he has, a just grievance against a car
rier for willful negligence or trespass.
Mr.. +. w. PEBBLES has compiled, in the
Southern LdW ReuietU. uumerousillustra-
tions of what a passenger may proper
ly claim from "A carrier under given
circumstances. From this compend-
ium it appears that if u person is wait
ing for a train at a station where it
should stop, and it passes without stop
ping, and his business is so urgent. that
he can not wait for the next train, he
had best hire a suitable conveyance to
transport him to his destination rather
than walk the distance. He can make
the railway company pay for the con-
veyance and for the delay, but if he
walks and becomes sick in consequence
he can not recover for the sickness, be-
cause he has no right to inlict injury
on himself to enhance the amount of
his damages. The rule is different in
an emergency where no other convey
ance was obtainable.
A passenger is entitled to compen-
sation for any violation of duty by a
common carrier which results in loss of
time, inability to attend to business,
pecuniary losses, bodily pain, an incur
able hurt, personal Inconvenience or
mental anguish caused by physical suf-
ferlng. AS to mental agony, no two
cases can be weighed in like scales.
The mental anguish of a timid woman
would be entirely different from that of
a bold man The wealth or poverty of
a carrier may be an all important con-
sideration in determining the value of a
judgment against him, but it is not
allowed to cut any figure in measuring
the damages sustained, unless he has
been guilty of willful negligence or ma
lice. On the other hand, the condition
in life, habits and necessities of the in
jured plaintiff may be inquired into as
pertinent matters. 1t is intimated,
for instance. that the Disagreement of
the face of a plain girl, moving in a
humble walk in life, should not COM
mand so large an award of damages as
would be a beautiful girl, similarly in
jured, who has been the brilliant orna-
ment of wealthy and fashionable social
circles.
A verdict OF 81, 500 was held Excess
sive where a passenger who had been
put off of a car for not paying his fare
got on again, agreeing to pay, but,
while making change, used grossly pro-
fame and obscene language in the pres
ence of ladies, for which he was again
| elected, no more than necessary force
being used either time. Courts have
also declared that $4,000 was too large
damages to pay a passenger for expelling
him from a sleeping car, when he has
lost his ticket for a berth, of which he
gave satisfactory assurance at the time
there being no abusive language or per.
sonal violence used toward him. A
passenger on "A mixed train, in order to
travel more rapidly, received from the
conductor a card with the information
that it would be accepted AZ a ticket
to complete his journey On a passenger
train that overlook him at the time
The passenger conductor refused to &C
cept the card as a ticket, and violently
elected the passenger at night, where
there was no station or house. A yer
dict of S400 was not regarded as exces
sive.
A railway company has a rule that
those not purchasing a ticket should
pay 10 cents more than the ticket. Ont
passenger paid the ticket fare, but would
not pay the extra cents. The conduc
tor elected him at the next station with
out fefunding the ticket-fare, and tn,
passenger recovered $500 damages from
the company. A colored receiv
ed 5000 damages for being rudely re
fused admittance to the ladies'car
Where a passenger on a train was cal