The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1886-07-28
A SEAT OR NO FARE.
RIGHTS AND RISKS OF A TRAVELLER
ON THE RAILROAD.

A Member OF tho Rochester Bar Tells
What the Legal Status Of Person Is
When Aboard Train-Decisions
Quoted as Authority.
The first thing you set about is to find
seat Now it is a we'll recognized rule that:
it is part or the contract OF carriage to
provide proper seat for every passenger,
and if the company fails to do this there Is
breach Of the contract on its part-l3
Hun. IN. VI TO- 81 Wis. $50 80 -
But observe carefully that your procedure
should be in order to comply with the law,
in case no seat is furnished you 1t has
been held that you may decline to surren.
der your. ticket until seated Everybody
knows that" says reader. Not too fast
1t has been further hold that you'cannot re-
main on the train and still keep your ticket I
You cannot ride standing, you muss get of
at the first suitable opportunity. Mo Z
;l7 D..
And if you do get OFF 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 of
is presented, you are, of course, entitled to
remain aboard, and may stand In the aisle
or ride on tho platform-34 N. Y. 67n.
1t is your sovereign right, also to 20 into
.bs drawlng-room cars in search OF q, seat,
il there are none vacant in The ordinary
coaches 10 N. Y 402.- ...'
Nor are you bound to ask the conductor
for a seat, or to exert your own manual
force in removing some piggish passenger's;
baggage, before going into q drawing-room
ur palace car in search of.a seat-Id.
IL you should exercise your right to go
into q drawing-room car, the conductor
will likely demand the extra fare from YOU
You may justly refuse to pay it, and il
elected for non-pay ment, you may sue for
an an assault.-.Id.
Circumstances may be such that aashor5
rid" man would be allowed to go into ladies'
cur in search Of seat, and it has been held
that q railway company may set apart q
ladies car" and exclude Others therefrom,
10 N. Y, 5S7.
| At least, if there are no seats in the ordi-
nary coaches, and there are vacant seats IN
the ladies' car, the servants of tile company
may exercise their discretion in selecting
persons to put there-ls Hun, IN ~ TO-
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.
Supposing you have got seat at last, it
would be well to bear in mind some further
duties which are incumbent upon you 1t
has been said that the seat is for the passen-
ger to sit in and the window to admit abr
and light, and if you sit with your elbow or
arm in or out of the window, you do 80 at
YOU peril Pa St 294 81, ~
And yet the courts will not compel you
to sit bolt upright, as though your body was
of cast iron, and to keep your elbow from
protruding the smallest fraction Of an inch
outside tho window, if there was DO appa-
rent dangcr.-l1 Wis. 4S7.
But if, for instance, the train was passing.
through q 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 Mt your peril.-1G Barb IN. ~ III.
However, you are not, as 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 tho train. If that we're so, you might dis.
of thirst--I. r 81, =. b. 16l. =
And it is ouestian to be left for jury
to say whether you are negligent il, while
leo ling for a seat, you pass from one car to
another following the direction Of train
mall, who tells you there are vacant seats
in a rear car.--57 n. Y. 2Si. -
And whether it is negligence to stand up
in tue aisle and look for a seat, has been left
to jury also I'LL Masa 42G-Myron T:
BY in tue Pathfinder.
Ten Drinking Australia and New Zealand:
Tho popular bellof that Russia and Great
Britain are the greatest tea drinking nations
is declared an erroneous one III one of the
East Indian journals, which states that tho
Australian colonies and New Zealand drink
far moro tea per head Of population than
the British islands. Tho Australians come
! q ia l,aal. No,rr Zaa.