The sun. [volume] (New York [N.Y.]) 1833-1916, 1892-05-06
Right. Of Elevated Railroad Passengers.

/
Rights OF Elevated Railroad Passengers
We cannot quite agree with our es
teemed contemporary the Tribune when II
says that the trainmen In the service Of the
elevated railroads ARE 30 generally rude
overbearing. and insolent thnt severe les.
son read to them from the bench has long
been sadly needed" We maintain that this
charge against the trainmen Is unjust to q
large body of Woodworking citizens who
perform necessary and important duties
that require vigilance and observation-disclosures.
We do not believe that the charge will be
sustained by the hundreds Of thousands of
passengers who travel by the elevated
railroads every day Of the week. We are
sure it must wound the feelings OF many
faithful trainmen.
A very great majority Of the trainmen on
all the lines are competent, well-man-
nered. and patient, and 1t is surely
very small proportion Of them who are
rude. overbearinR. and insolent. Their du-
ties are very trying. and In those hours Of
the day when the cars are overcrowded the
strain upon their nerves must be hard to
| bear. They must do their part in keeping
the trains on time: they must give the Sig
nails with unfailing promptitude: they
must announce the stations: they must
guard the gates with care they must keep
. sharp lookout for the safety OF passengers
who enter or leave the cars. and they must
do all they con to accommodate everybody
OF both sexes. all sizes. and any color
who take passage with them. AS a
rule. these things are very we'll done by
them; they would not be kept in the COM
pany's service IL they failed to perform
their duties properly: the officers of the
company are always ready to investigate
complaints brought against any OF them.
and to discharge any who may violate the
rules made for their government. On tho
other hand. the tralnmen have to put up
with many things that are well-nigh in
tolerable. They are apt to find out. at
times. that there are crude. overbearing,
and insolent" passengers in their cars.
passengers who find fault with them. snarl
at them. jostle them while standing at the
gates. try to force their way aboard while
the train Is in motion. block the passages.
refuse to move up" and otherwise make
themselves disagreeable. Tho trainmen
have to bear q great deal too much from
such people. who. however. we are proud to
shy. are not very numerous in New York.
The great body OF the trainmen OF the
elevated railroads are civil III their man
ners. forbearing. conciliatory. respectful.
well-behaved. and serviceable to passcn-
gers some OF them are men Of fine cour-
tesy and dignity; few OF them-really few.
In our iudXment-deserve to be spoken Of
in the opprobrious way that our contem-
porary speaks of them In general.
Two cases OF bad conduct on the part
Of servants OF the elevated railroad
company have put the company to
trouble and expense. As told in an
Albany despatch in Wednesdays Sun.
the Court OF Appeals OF this State has do
cided Against the company's appeal from
Judgment for $s)lGi in favor OF Mrs.
AMANDA PALMER. who had entered suit for
damages on the ground Of maltreatment.
1t appears that the ticket agent said she
had given him u had coin when she bought
her ticket. that he npbraided her IN SIAN
derous language. and that he compelled
her to stand until she WIS arrested and
searched. In delivering the opinion OF the
court. Justice GRAY said that she had thus
suffered injury at tho hands of the COM
pany's agent. for which tho company Is
legally Responsible; and he added: "A car
rier Is responsible FOR all Consequences to
his passenger. through the wilful miscon-
duct or negligence Of employees in the exc
cution OF the contract undertaken" The
Court q! Appeals thrrcnpon confirmed tho
Judgment in the case that had been rem.
derod in n lower court.
The other case has been decided by the
General Term Of tho Court OF Common
Plens. 1t appears that CLARENCE NJ. SMITH
brought suit against tho Manhattan Ele-
waited Railroad Company for damages for
injuries inflicted In being elected from one
Of the company's cars ut Hanover square
station. The pluintif had entered the ear
by jumping On Its rear platform. in viola
tion OF the rules Of the company, and the
trainman had forced him from the car to
his hurt; he got verdict for u small
amount. and tho company appealed to the
General Term. which has now affirmed
the original Judgment. Judge PRyon,
in delivering tn" opinion OF the court
in the cast, said that. though the
plaintiff had entered the car in al
improper manner. the companys officer
had not the right III forcibly ejecting him.
aud that 1.-THE attempt to eject him was an
utterly lnexcusable outrage. for which de-
PENDANT might well have been clastsed by
u much heavier verdict than that OF which, |
without reason. 1t complains" by its |
contract Of carriage the defendant assumed
an absolute obligation to protect the plain
tiff rs we'll against the wilful as the negli- |
gent acts OF its servants" +" Undoubtedly" |
said Judge Pryor. 1.-THE defendant has au-
thority to enforce observance of its regula-
tons. but by preventing. not by furnishing,
the breach OF them"
The result Of the trial Of these two cases