The Red Cloud chief., 1882-02-02
NOTEWORTHY CASES OF Personal
INJURY.

iNDthI
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We ihehll"hrd some hi"h'iS ago a
nahoas ca>" noiuiiS Il company iia"i'
'"r injuries when Il p"N, WINE PlaIihT
ABOUT "A di>uscd tirh-'anic: Sustained
HrouSh Us deiecti.e c"ildltlol. from
4 Ie''n' "c'IES'u" IL "PIe"iH 'l'' ,''
ii"H' W shhaii p"Hs jill hai>"> ~ I!"H
ABOUT inc railroads Is not without limits
Neara s'a'ioh Was Il Swllch Track Sop
i'ei iehS. anu inc!ihed iour anu ilaii
zee. III uha' uIslai'c' - 'iiat car
N"iuhcu WI upon Ii "''"'" ~ "" i",'-
n.""' 'iSe' """id run do"h tnc @rad'.
~ 'aio nclo u,uati ia >h' ny iIrti>
~ ~ p", IL p"HS vi ,Hc Pii'e
were au'''t'd '"'iiiipihS upon III" 'ar>'
i"'>eiih@ 'ne nfahc> ana 'aklh" Il Tree
rue oo"h- lHle WIS n"l uohe u! consent
V ,nr oh inc contrary. IL Wa>
'n' ",t " !'""S ""H nhir'
i"Ni'iSd ii"c III oni, hl'il,'L' am 'ii,
"a'oiihS %. on !, " pci|i" II hai
f"h'c suoPP'd, zen uiid'I 'he Mhrel, ana
WIS Killed.. Inc our neid ihat Inc
r"ihlfail. WAS hot ilanIe, ior inc reason
,nat IL Had hoI laiicu Ill any d"iN-
c>eltner 'nc ,rarh "ol III" LIT were nc
i'ct''c vi on'o vi repair lhl> poH was
h"' 4 PASSENGER OF IN rIhPl"Ie' ne iai
II" right L" ciiiiio upon the ears; nu' was
mere ir'SPa>>'r- As t""aiu MN me
company WIS il"i n"'iiih l" laSich me
ears III any particular way ana IL iGtd
iaS'eh'd tmciil >uiiicieh'li 10 prevent III
jury 1" all persons except one using
Them wr"hglulix.
another small boy case comes from
pennsylvania. lie was 4 newsboy ana
WAS accustomed 10 Tlde pack anu FORM
WI '"' 'iall> I" H'h papers ne iau
some oral permission from The conductor
Tor rIdiiiT IA ne did' but the rules ot the
company lornaae any person cNccpt en-
pl"lcs 10 roe WITHOUT paIlhS larc or
>il""ln" Il pass; me conductor had not
authority To %iTe Inc cave: Al length
me BOY was kiiea uiiu"r circumstances
when Would nav" enabled his mother, II
he had been Il passenger 10 rcc"Ner daih-
ages. Ana she Drought SUIT, canning
That Inc leave 10 rlde' gwen Id her son,
IN elect made INN a passenger even
though he conductor ought not la nave
gwen II. ihe '"irt SAID that when {;
person gels leave from Il conductor 10
make Il "TRIP witilout paying iarc' when
leave l. granted contrary 10 The rules OF
The company the traveller Is Legally la
blc Tor the fare ana the company can re-
cover II from INN ny an action There
fore he has the rights OF a passenger
while on the trip. But this boy rode
back and forth not As a passenger. but TO
sell papers. lie was only a treSpaSSer.
The company owed him no duty-cNccpt
To refrain from any willful injury. etc.
Damages could not he claimed for an or
binary railroad casualty 10y which he was
hurt.
4 Kansas woman put two little girls
aboard a train of cars intending they
should ride TO Iowa Point. One of them
WAS less than five years 81 age; the
other Older. but weak and sickly. They
were not placed in any e charge,
nor WAS any money given them To pay
fare. Ii was the custom 10 allow mere
children travelling with adults To ride
free. When the tram reached Iowa
Point il stopped long enough for pas
scngcrS Ia leave. The little girls. how
ever, seem not 10 have known. until too
late. that the stopping place was Iowa
Point; at any rate they did not reach
the car platform TO quit the car until the
train WAS just starting However, they
tried 10 allght- \ passenger tried to
help them The elder succeeded;
hut the younger one. when her feet
touched the platform of the station, fell
forward and She rolled 10 the ground
between that platform and the ear. If,
now. She had lain perfectly still she
would not have been hurt: hut she had
NOT nraSanasl at mind tnr fins AMI hnr
struggles brought her feet upon he
track and they were badly crushed.
Meantime the conductor had no inform
alton that the children were TO leave
the train At Iowa Point. or that they
were travelling by themselves. And
when the accident happened it was
aggravated by the passengers giving
contradictory signals 10 the engineer.
The Court held that the company was
not chargeable with any negligence
which could render 1t liable. 1t was
bound 10 carry the child safely 10 Iowa
Point: but this was done. The COM
pany was not bound 10 know that the
child wished TO alight at Iowa Point I'M
less that wish was manifested by giving
notice Ia the conductor beforehand or
going forward To alight when the train
stopped. 1t was the hardness of the
children, and not any fault of the train
men, which delayed their getting off UNI
N the train was dangerously in motion.
Nor were the employees bound 10 know
that the children were travelling without
aguardlan; they had right To suppose
that the passenger whom they saw As
Sl>ting the little girls to aiight was a
person in whose charge they were. The
company was not IN fault because a
g~ood-natured passenger tried TO help
the children on 0 because haSty and
excited passengers confused The engi-
neer py lhyu1lcious slShais. he anair
was an aceluel, "nicn eoulI nor nave
peen pnI ,anuih tSau COMPANY
f"rasoen accident ocdnrringi in the r;rh t-