The sun. [volume] (New York [N.Y.]) 1833-1916, 1888-02-19
PUT OFF THE TEAM
A PuRnncieus Drummer Gives the Court \
Chance to Say When. Where. and How.a
Man Can BIO Bouno ed from n Railroad Car.
Prom ths Kansas city Tin,

SheNeue ttp s'"
TOPEKA, Kan, Feb. 12.-May 90, 1885, a
hotel clerk at Wichita, Giants, brought suit in
the District Court Of Harvey county against
a b. as1ais slfss TISs' HAT m M.s sn p, 1855 IS f ss lparl
t Nsxs sn,itlttn n BIN hSnt to 2 dT naS IS, passage sSs, from fSa
train was about three emu miles from New
ton the conductor and trainmen forciPly
slls{%sd s s5%i Jse.Ss% n%asesly I'M tG,S1 raYird h,n CONE HE
ppiainn.in attempted a1Sss e r atissS On, II fast asst
Ing to the rules and regulations of tho COM
psny, which wero known, to Giants and the
P Isas 5 ana Sp thst t sSsn sondScto ord put af hia s. oP the he
Ess 1s.s ss1ns e pa pay aiR sss e s: s sSsss; H Sssoai
informed him that the train would not stop at
t hsaDo and i used ahs vioi.nt upon profa rne,n and He obsce ene
language and behaved In such q manner us to
'uTF1bii G t ths conductor MSs bo5 in n. ej Jet psb HIM arv farm =,
lie jury swsgdsa as ,1tsvs ZOO SSSd dsm y sSS0 f Ths
f act Il That TT" the 'n train aHnl0 UPON which Which " Gan1s It.
tempted to take passage from Newton to Pea
body was one which, under the rules Of the
west Of Newton that the plaIntlif did not know
pels0 s, % t as tin L s shs sssln At stf FISsan sest a IT Gq 9hnt
after Il had Come to a ftuii stop. to the
I ns%Sssa q som bis p0S sspea raq ss d tx Fhe
preme Court, which, tribunal decided yes
ssdEasy a 'h rexul "a rHi H.. one so% N its ytb %ighss
should only stop at certain designated stations
to ( axe estse passage saass . on Mas a 'h rsi S = p train Islt to in aSGns
himself when, where. and how he could go. or
stop, according to the regulations OF the rail;
a railroad ticket for a designated station upon
q railroad without making any inquiries or as
which he desired to 60. and subsequently took
t. t. The tbe r s's9loa fG4 S Of the Go So%Rp pa X. did tiaE not stop stop
such, person refused to pay his fare. on de-
mand Of the conductor, to the next station, at
leave the train when requested so to do,
train at a suitable place for that purpose, such
after # had stopped at q place other than a
to expose his person to serious injury or
danger. but In such an election the railroad
company vas not REQUIRED to have eonsidera-
. railroad train had the right to eject a
l plaee. But 'f IN doing eas tran so they e. an sXRos sHlsa nos
use unnecessary force or excessive VIC
lence. and II such a person should forcibly
whore sch. force was without intention on
the part OF the conductor or trRinmen to
commit unnecessary injury, tho railroad com-
pany being only liable for such unnecessary
force or excessive violence as was wilful,
wanton. or malicious: when q person made q
mistake In taking q seat upon a train which
did not stop at the place he desired to 60 and
fare was demanded OF him by the conductor to
the. first station at which the train would stop,
and he was able to pay 1t but refused to do so,
and then the conductor stopped the train and
requested him to leave or pay. he should either
pay his fare Or get Of Q person upon 2 rail-
should. permit him to ride without q proper
ticket for. that train. In violation Of the regula-
lions Of the company.
N one" the Court continued. has a right
to resort to force to compel tho performance Of
q contract, and. therefore. WI On q person upon
q train by mistake of the local ticket agent has
q ticket to a station that the train does not
stop at, he must either pay the extra fare de-
manded or get of when ordered 80 to do; and
he cannot invite force in his election or re-
movRl merely to make q case against the COM
pany or to increase his damages. When q plain
tin was ejected from q railroad train. and evil
dence was offered tending to show that before
his election he used vile, obscene, and profane
language In a cor filled with passengers. in
ciuding. many women and children, and upon
his part he introduced two witnesses, ono Of
whom testified thai he never heard him use
half 2 dozen osths in his life,' and the other
;aaI H. never heard him use obscene language
81 an oath some time. but not frequently, held
new trial.