New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-05-14
THE ROAD MUST PAY.
FOR AN ASSAULT On A PASSENGER.

FOR AN ASSAULT On A PASSENGER
HEAVY DAMAGES AGAINST THE ELEVATED RAIL
read COMPANY.
The Elevated RaIroad Company learned Yesterday In
emphatic that is expensive business ior III
empoye assault passenger James DOnivan,a an ehgi
neer, secured verdict for $4,000 from jury oeiofe
Judge Giegerch in the Court OF Common Pleas aeaihe'
the company, for an assault at the one hundIedand
fourth-st. station the Nnth-ave line on May t.
1891. at the hands of the porter Of the company
According TO the testimony OF BOWMAN, I've went 70
work in the morning In the vicinity Of the s"uoh NJ
which he was assaulted but for some reason there WIS
no work that day, and he started back uptown 10 70
home. Thoughtlessly he went into the downtown s'a'
ton instead Of the uptown He declared mat ne put
his ticket In the box. and then remembered mat ne "h
on the wrong SIDE While thinking whether ne "oui"
cross the track go down 10 the street again ana up
the other sids james Mccarthy, the ticket chopper
came I'D 10 him and asked why he did not put his
ticket in the box Donivsn replied That he had put
II In
Il do not know whether you have Or not" replied
the chopper.
Donivan retorted telling the man that ne was hnr
II he said ne had not put his ticket In the box
Al this the rateman SEIZED him and began dragging
him toward the tcket-box. The coloed porter came
running up also at This time and the gateman turned
Donivan over 10 the porter The porter pushco MN
out in passageway, and then, Donivan testified the
porter picked him up and threw MIN VOlcnlN 10 the
floor. Donivan remembered nothing after mat uh'il
he reRaned consciousness eleven DAYS later, IA Belle
vue Hospital.
According TO the testimony Of some OF the people
who were on the platform at the tins OF the occur
renee Of the said TO the porter AFTER he
had thrown Donivan to the floor:
There now you have done IL. and You would better
send for doctor" The porter ignored him, and some
of the passengers sent for Dr. Paul f. nmmons. Dr.
Tfmmols came and said that the man was suffering
from cerebral bcmofrhagc Denvan was unconscious
policeman was called. and lie sent for an ambulance
from the Manhattan Hos pital DIR. John Bates came
with the ambulance and he declared at the man was
drunk and he wonld not take him 10 the hospital
The policeman then got wagon, and the man was
taken to the One-hundrctlthst. police station. From
thero he subsequently sent 10 the Manhattan Hos
ptai later ne sent TO Bellevue Hospital where
he remained for long time His injuries resulted in
one side becoming psrayged snd his hearing is badly
impaired.
Tho defence was that Donivan was drunk and was
making himself obnoxious. that it became necessary
to put him out of the station, and the counsel and wit
nesses for the company declared that no more force
than necessary used to accomplish that object
While the trial was In progress Yesterday afternoon
OF the witnesses for the company. Joseph Ronton, tile
witness answered his questions evidently 10 the jurors
satisfaction tor when he had finished his Inquiries the
foreman exclaimed, not loudly, however:
We'll, you are dandy
The attention Of Judge Giegerch called TO the
remark, and he discharged the juror on the spot
The then went on with only eleven jurors.
Assistant Distrct-AtOrney Wcman appeared for Doni
van. and Colonel f. C. James represented the company
last night and after being out only fifteen minutes,
returned with verdict for the anount mentioned 4
taken in the OF the trial and the motion was
promptly denied by Judge Giegerich