Springfield globe-republic. (Springfield, Ohio) 1884-1887, 1886-07-06
A SEAT OR NO FARE.
RIGHTS AND RISKS OF A TRAVELLER
ON THE RAILROAD.

A Member Of the Rochester Bar Tells
when Aboard Train decisions
Quoted as Authority
The first thing you set about is to find a
seat Now it is well recognized rule that
1t Is a part or the cont act Of carriage TO
provide a proper seat Tor every passenger,
and if the company fails to do this there is
II breach of the contract on Its part-la
Hun y. " ~ - Wis 40
But observe carefully that your procedure
shOull b. in order to comply with the Jaw,
in case no eat is furnished you 1t has
been held that you may decline to surreu-
der your ticket until seated. Every body
knows that says "A reader Not too fast
Ii has been further held that you cannot re
main on the train and still keep your ticket
y ou cannot ride standing, you mus; get oil
at the GTst suitable Opportunity. Mo
ia
And if you do get of because a seat i
not furnished you, you may retain your
ticket, AMI you have an action for breach
of contract Id
Until the suitable opportunity to get of
is presented, you are, OF course, entitled to
remain aboard, and may stand in the aisle
or ride on the platform y. y. G'u
1t is your sovereign right, also, to go into
the drawing room cars in search Of a seat,
il there are none vacant in the ordinary
coaches 10 " y. 4u2.
Nor are you bound to ask the conductor
for a seat, o.. TO exert your own manual
force IN removing some piSgIsh pas ,enger's
baggage, before going into a drawing room
or palace car in search OF a seat Id
II you should exercise your right to go
into a drawing-TOom car, the conductor
will Likely demand the extra fare from you,
You may justly refuse TO pay it, and if
elected for non pay ment, you may su, for
an an assault Id
Circumstances may be such that a "hor-
rid" man would be allowed TO go into a ladies
car in search of a seat, and it has been held
that a railway company may set apart a
ladies car, and exclude others thsretrom
10 " y. 50.
At east, if 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 20
Anyone who takes umbrage because they
are left, when the employees exercise this
discretion in selecting, have an action for
| breach of contract of carriage Id.
Suppo,ing you have got a seat at last, it
would be well to bear in mind some further
/ duties which are mount ent upon you 1t
! has been said that the seat is for the pasSen-
ger to sit in and the window to admit air
and light, and il you sit with your elbow or
arm in or out of the window, you do so at
! You periL-G Pa st pa.
And yet the courts will not compel you
TO sit bolt upright, as though your ody was
of cast iron, and to keep your elbow from
protruding the smallest fracticn of an inch
outside the window, if there was no appa
rent danger.-l1 Wis 49,.
But if, for instance the train was passing
through a switch yard, and you saw switch
or signal posts flying by, it would be maui,
festly dangerous for you to put your arm or
head out Of the window, and you would do
So at your periL-l6 Barb N. " liz
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. K -, q. b lGl.
| And it is questian to be left for a Jury
to say whether you are negligent il, while
loo ling for seat, you pass from one car to
another following the direction of a train
man, who tells you there are vacant seats
! in a rear car-37 y. Y. 2S7
And whether it is negligence to stand up
in the aisle and look for a seat, has been left
~ INV alsn.lI Mass 43G-Myron T.
| BIy in tue Pathfinder.
Teal Drinking Australia aud New Zealand
The popular belief that Ru .sia and Great
Britain are the greatest tea drinking nations
Is de Jared an erroneous one in one of the
East Indian journals, which states that the
Australian cOiouies and New Zealand drink
lar more tea per head of population than