New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1881-01-30

vision for their safety. Everything that hu-
man wisdom can foresee and provide must oe
done in behalf of passengers. Not 80 as 70
conductors, engineers, brakemen, and tue
like; they are understood to take the risk OF
the perils peculiar to their empioyments.
BY a collision on the Pennsylvania Railroad
route-agent of the Post Office Department,
travelling back and forth in charge OF the
mails came to his death. AS the COLLISION was
unquestlonably due to the fault OF the engi-
neer and brakemen, suit was brought IN De-
half of his family to recover damages from
the company. Of course the company relied
upon the limited liability law; while the
counsel for the route agents family argued tnat
he was q passenger, and therefore that the
new law did not apply. There is some ground
in past decisions for the argument for, IN
various instances, the courts have said that In
special circumstances person may be entitled
to the privileges and protection OF passengers,
although he has not bought ticket for the
special journey. Thus, IN various parts OF the
country, q man riding on free pass gwen
MIN because his journey was taken on the
companys business, or because he was travel
ling in charge of live stock on which freight
was paid, has been pronounced O passenger.
The same has been said of popcorn boy"
who rode back and forth to sell popcorn and
carry ice-water through the cars; of an ex-
press agent who was allowed TO rue Oh
account of the freight which the express
company paid Oh the parcels in bis charge
and even of a baby really old enough to pay
half fare, but whose mother carried 1t without
paying anything. And the Court at first said,
in the Pennsylvania case, that the mail-route
agent ought to be deemed a passenger.
But the railroad company appealed the case,
and the final decision is in its favor.
The Judges say that the rule which prevents
employees in charge of train from recovering
damages for one anOther's negligence is i'm
portant, in order to give them all strong
motive for exercising constant vigilance to
detect and report to the Superintendent any
instances Of carelessness. On the other hand,
passengcrs must travel under rules OF the
company adapted to diminish the danger as
much as possible. They must stay in the
passenger cars, and arc required to refrain
from various perilOus exposures. The com
panv could not enforce such rules as
respects mail-agcnt travelling under
authority of Il law OF Congress. lie
would not submit to travel in passenger
ear, but necessarily rides in mail car, which
is known place of danger, and, in case OF a
collision, is especially exposed to destruction.
The company has no control over him, and
cannot compcl him to observe their rules
therefore they ought nos to be considered re-
sponSlble for his slfety to the same degree as
for that of ticketholders. If the road is we'll
built and equipped, and the general direction
iulicious and faithful, the company has done
all that is due from it to these travelling
agents. For collision attributable to ncgll-
grncc Of employees i'll the SPECIAL instance the
company i, no. responsible to such IN agent;
he takes s.mc Iisk of this kind III entering on
his engagement.