The Argus. (Rock Island, Ill.) 1885-1886, 1886-07-29
A SEAL Ok No FARE.
RIGHTS AID Risks OF A TRAVELS
ON THE RAILROAD.

Member of The Rochester bar Tell.
When Aboard Train-D Decision,
| Quoted as AUTHORITY.
| The first thing you set about is to find a
| seat Now it is we'll recognized rule that
| 1t is a part o. the contract of carriage to
provide proper seat for every passenger,
! and II tine company fails 10 do this there is
u breach OF the contract on its parts
| Hun On. " ~. 81 Wis $50
But observe carefully that your procedure
| should be IN order to comply with the law,
IN ease no eat Is furnished you. 1t has
been held that You may decline TO surreu.
der your ticket until seated. Everybody
| knows that, says t.'ad,r Net too fast
IL has been further hid that you cannot re
na'n on the train aud still keep your ticket
| 1ou cannot ride standing, you mus get off
at the first suitable opportunity. Mo
! Ia
AMI if you do get or because seat is
not furnished you, you may retain your
ticket, and you have an action for breach
| of contract. Id.
| Until the suitable opportunity TO get off
|
remain aboard, and may stand in the aisle
| or ride on the platform "a n. Y. 90
| 1t Is your sovereign right also, to go into
| the drawing room cars in search of a seat.
II there are mono vacant in the ordinary
coaches 1t n. I. 403.
| Nor are you bound to ask the conductor
| Tor a seat, or to exert your own manual
| force IN removing some pissisL passenger
baggage, before going into a drawing room
Or palace car in search of u seat-Id.
IT you should exercise your right to go
| into a drawing room car, the conductor
| Will likely demand the extra fare from YOU
lou may Justly refuse to pay it, and if
eJected Tor non pay ment, you may sue for
| an an assault Id
Circumstances may be such that a ''hor-
rid man would lie a. wed to 20 into ladies
ear III search of seat, and it has been held
That railway company may set apart a
ladies ear, and exclude others therelrom.
10 " y, l,i
"A least, 1t there are no seats in the ordi-
nary coaches, and there are vacant seats in
the ladies car, the servants of the company
may exercise their discretion in selecting
persons to put THERE'S Hun, N. Y.110
Anyone who takes umbrage because they
are lett, VIXEN The employees exercise this
discretion III selecting, have an action for
breach OF contract of carriage. Id.
Supporting You have got II seat at last. it
would be well to bear in mind some further
duties which are incumbent upon Won, 1t
has been said that the seat is for the passen
ger to sit in and the window 10 admit air
aud light, aud if you sit with your elbow or
arm IN Or out OF the window, You do SO at
you peril 10 Ia St 294.
And yet the courts viii not compeI You
to sit bolt upright, as though your tody was
OF cast iron, and to keep your elbow from
protruiing the smallest fraction Of an inch
outside the window, If there was no anna.
rent dauger-i, Wis 49,.
But If, foc instance, the train was passing
through switch yard and you saw switch
or signal posts flying by, it would be mani
testify dangerous for you to put your arm or
head out OF the window, and you would do
so at your ieriL-l6 Barb n. Y.Jll3.
However, YOU are not, as a matter of
law, compelled to remain In your seat from
the beginning of your journey until you
arrive at your destination or the destination
of the train, Ii that were so, you might die
of thirst Il. -, q. b lGI.
And it is a questian to he left for a iury
to say whether you are negligent if. while
100 ing Tor seat, you pass from one car to
another following the direction of a train
man. who tells you there are vacant seats
IN rear car n y. 2S1
And whether it is negligence to stand IN
III the aisle and look for seat has been left
to a Jury also,-l2l Mass 426-Myron T
bly, in the Pathfinder