The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1888-01-13

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Rail way Passengers and Strikers.
xsw York sun.
The Supreme Court OF Illinois has
rendered : decision Of considerable i'm
portance to railway corporations relating
10 their duty 10 protect passengers
against unIaW ful assaults BY Isborers en-
gagged in . strike. The plaintiff In the
suit WAS : passenger 10 : train on the
Chicago and Alton Railroad. The train
stopped st place which was not . reg
|ular station. where II took ON board :
number OF non.upion laborers who had
sgreed 10 work for . steel company
whose employees were out upon strike.
Al q stopping place beyond the point
where the non union men were taken on
the train, the cars were entered By .
mob OF strikers, who attacked tho non
union men, and In the course Of the ~.
fray which ensued shot and wounded
the plaintiff. He subsequently brought
suit against the railroad company to re-
cover damages for the Injuries thus In
6icted upon him, and verdict was rem
!de.ed In his favor which the Supreme
Court has just Affirmed. The decision.
however, was not unanimous. the Chief
Justice and one Of the associate Judges
dissenting from the opinion Of the ma
ljoriiy Of the court.
T The claim OF the plaintiff was based
'upon : charge Of negligence against the
Officers and agents Of the railroad COM
many. al the time the assault was COM
mitied, in filling properly TO protect its
passengers. The Judge who presided st
the trial told the jury that il was the duty
OF the company % common carrier Of
passenQers ito exercise the utmost care,
lekill, aud vigilance. to carry the plainiin
safely aud to protect him against any
and sll danger. from whatever source
arisipR. 80 far as the same could by the
exercise Of such degree OF care and
vigilance have been reasonably foreseen
and prevented This language would
seem 10 impose higher degree Of care
Isnd diligence than has ordinarily been
Isanctiened BY the courts In respect to me
Of passengerss for i y
well established legal doctrine that .
Icommon carrier is not IN insurer Of the
ABSOLUTE safety Of the passenger 20 De
carried. But the Supreme Court Of "
Ilinois holds that the instruction which
I've have quoted was nOs too strong {
statement OF the law In view OF the par
ticular facts OF the case under considera'
.tion.
The negligence imputed to the rail-
road company was twotoId: hrst, IN tax
ing on board the non-union Iaborers
lsecondly, in failing 10 adopt precaution,
lsry measures TO protect the laborers, and
sshe passenger who might b 10 ~
same car with them, sRainst the attack
lof the strikers. According to the opin
lion or tho majority Of the court, tn
train. being filled with men, women, and
lchiIdren, wss stopped q . point not :
station. in the midst Of fierce mob
where the persons whose conduct nac
excited the sntipaty and hostility OF tina
mob were taken into the same car with
the passengers. There wss evidence 10
Idicaiing that the railway men were fully
Informed that II was dangerous 10 tsk'
Jon the non-union workmsn q the plac'
where they were admitted. Previoui
ASSAULTS had been made upon these u
lborers along that part Of the line. and ]
Was we'll known that the mob was 40 10
lrious against them ss ever. Under thesl
Icircu instances. says the Court, ''the j.
Iborers should have been placed In : CO.
lby themselves, where they could have
Ibeen protected or have protected them
iselves without danger 70 paesengers Who
had not been previously advised g q
1.-THE danger TO be encountered. Fur
lthermore the company 10 declared q
have heeu negligent in emitting to an
sicipate and provide against an attack On
1.-THE part OF the strikers q the train con-
ltiuued on lie way. "Such thing VA
likely TO occur st any near distance from
1.-The central part Of the disturbance. Al
attack had been made prior to thst time
two mIles distant upon the laborers "
1.-THE box car. Upon this occasion %:
'lmob vas more vio:ent than usual. and
1.-THE utmost care should have been taker
Ito protect the passengers.'
We commend the study Of THE Inn
lportant case to railroad manager
Throughout the country. It 10 vel