Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1883-01-10

Lawsuits for putting . person OF tho
train have beea numerous, and few
have arisen out of oonfninR them at q
station; bat Ne do not remember to have
before met With suit for abduotion by
railroad train. Such q oaae has lntely
been decided in Pennsylvania. The
plaintiff Vas q boy Of about ten yeaso Of
age. The story Of the oase vas that q
brakeman on q train which was carry
ing fruit detected q small party Of boys
in the heinous Offense of hooking a
few peaches from crate in one Of the
cars. Az such thing a. . braksman's
assuaginR the pan9s Of hunger by .
peach or an apple from the freight in
his charge is never known, this brake
man was gravely impressed With the
enormity of his crime. He grabbed ono
of the culprits, tried him on the spot,
sentenced him to solitary imprisonment,
and-we now return to the moro dldac-
tic lsw rep0rt-lOcksd him in closet in
the caboose car. Ths train soon started
carrying the unlucky prieoner. His
cries attracted tho conductors alton
ton, Who released him from tho closet,
and inquired into the case; but on being
told the facts, 20 far sustained the
Trademarks act % to order that the boy.
be carried to the next stopping place.
That reached, he was set at liberty. he
returned home, . distance of five miles,
running most Of the way, and the alarm,
over exerti0n and fatigue
brought ON q fit Of sickness, from which
he recovered only to find himsef Grip
pied for life. Suit vas brought in his
behalf against the two mon individually.
Little question seems 70 have been made
that the brakeman was liable, but the
claim to hold tho conductor chArgable
was contested. The jury found that IN
point Of fast he ratified tho bTakeman's
course, and they awarded V verdict Of
81 ,656 against the two. Thai Court sus-
tanned this, intimaSino THAI the con-
ductor shOold have marked bis disap-
prevail by stopping the train ind allow
ing the boy to leave, on his discovery OF
the wrong.
Il win So observed that no attempts
was made 70 charge the company. Such
an action might probably have heen
successfully resisted ON The ground that
the misconduct Was not committed In
the discharge Of duty, bot Was mere
private wrong. Yet the tendency of
decision seems to b to render the la
bility Of companies for wrongs done BY
their servants gradually more strinQenS;
and some Courts might take the view
that q the acts Of the two men had
been done in tho line OF protesting the
goods in their charge from pilferefe,
and a. they had used the oompany's
car, placed in their charge to earn .
profit for the company, In perpoGatin9
the wrong, the company should b bcld
liable. On many roads tudioious IN
structions a. TO what shAll b done
with potty thieves around station
would not be amiss.
Az al instance Of the tendency to en-
large the liability Of companiee for torte
Of employees may be mentioned . recent
Illinois case, in which . passenger oom-
planned to tho conductor ~ the train
was appfoaching the station to which
be was ticketed, that his watch had beeu
stolen from his pocket during the ride.
The conductoV gave him cave 70 ride
'sfree" to the next station, TO give OPP
p0rtunity for q search. During tho
search the passenger expressed an op1n-
ion that the brakeman had taken the
watch, and tho brakeman oveIhsaEina
this rstaliated BY striking the paason-
ger . severe and injurious blow Over the
bead with his lantern. Thsopaa1s1Rsr's
action against the company wae defend
Cd on two grounds; that he had not the
rights Of Q peoaDnGer beeauDe b vns
riding without paying fare; and that
the brakeman vas not acetn9 "a the dis
charge Of any duty. But The Court aid
that under The circumstances tbs ~
santof the eonduCtog 70 the manb hev-
ing . free ride vas waiver OF fare, and
left his rights - Q paaD1nQse un3m-
paired; and that ono al those rights h to
b carried uninjured BY violence from
employees or OVon fellow. paa1D0QegS.
Ouimpsnies are not liable for meEe pee-
sonnifwruuRp committed By employees
upon stran0ers; but thsy are bound 70
protsct the passenRsn from saah
wrongs.
Two dsoiious are notacsd a he right
OF pasoeueero 70 have roaeouAblo tutoe.
nation and time for lsaving The train.
In Indiana, . lady pa11sn9sr riding on
With the nod, aaked II conduetor
When b. took no her ticket, "Is The nsxt
stepping place PlymoufhT He an
the car ct The nsxt stop, but found 4 70
Piymoutk The tzain bad bssa sloppsd
there unexpssts6ly, and H. co0doeoor
had neglected 70 modify her ct ~
change. The oourt bald that she vas
entitled to rely On The eonductof's Staee-
msnt q 70 the station, AID he reeov-
cred $50 from tAs COMPANY. Theo-
rs3ioally il might veil e0cm that IL
Company Bad discharged II d.ty y
~. A.