The morning call., 1894-11-09
JUSTICES DIFFER.
Robinson's Suit Against
the 5. p. Co.
Held By Justices De Haven, Garoutte
and Harrison That There
Should Be No Rehearing.

An unimpOrtant-lookiug document was
filed yesterday in the Supreme Court 1t
was short terse. but significant. It read
as follows:
Robertson VS.. Southern Pacific Company.
We dissent from the order granting a rehear.
! Ing of this case. DE HAVEN, j.
HARRISON, j.
GAROUTTE, j.
| Filed November 8, 1894.
l.. II. BROWN, Clelk.
! This shows that very bare majority
were of the opinion that further argu-
ments should be heard on the question of
! stop-Over privileges on local trains. DR..
/ Robinson, who was awarded $500 for the
refusal of the company to grant him this
! privilege on a ticket purporting to
! guarantee him passage TO Alameda, ap-
peared to have gained a great boon for the
weary tray eler when he received the in-
! do rsement of the Supreme Court a few
/ weeks ago. 1t was thought that a great
| question had been settled, ana that this
decision would materially alter the amount
per anDum extr acted by the railroad from
the pockets of the residents across the bay
with business in San Francisco
Consequently it came as a surprise to all
when Oh Wednes day morning an order
signed by Justic es Mcfarland and Van
Fleet was filed, granting a rehearing in
/ this case. No explanation was given, thing
not surprising IN the case of Justice Nc
| Farland, who wrote a dissenting opinion
when the case was decided in favor of Dr.
Robinson. But on that occasion Justice
| Van Fleet while not participating In the
decision took line trouble to say that he
cOucurred therein. On the eve of election
! however, Justice Van Fleet put his name
To the order granting rehearing, but the
order was Dot made public until the day
| after the polls were closed and the election
| over.
Justice Fitzgerald and Chief Justice
| Beatty concurrpd in the granting of the
order. but stipulated that arguments shall
| be A. ard only on one point. new one in
| troduced by the other side. as to whether,
as he ticket called for passage from San
Francisco to Oakland or Alameda" aud
not TO Alameda via Oakland, the pur-
| chaser of such ticket was entitled, fer
he mad chosen Oakland In place of Ala
media, and had left tie train at that place,
| TO proceed thence TO the other station on
| the same ticket, not taking direct route.
| On this point Justices Beatty and Fitz-
! gerald desired to hear further argument
The other three Justices. however, JUS
tices de Haven, Harrison and Garoutte,
| evidently do not agree with this determi-
nation on the part of their colleagues. They
! do not think there is justification for re-
! opening of the case, and in order that the
! public should clearly understand this they
! filed notice yesterday of their dissent to
! the order.
DR.. W. H. Robinson is not at all disconnected
! over the new point raised by the railroad COM
| pany by which his judgment against the CON-
| pany is temporarily annuled by the Supreme
Court granting a reheariug on the question.
! BE said last night that he was quite satisfied
! that the Supreme Court should consider the
! matter OF the so-called alternative contract
! Inning the purchaser OF ticket reading
! Oakland or Alameda" TO one or the other place
/ as bis destination.
! ~ have the law on my side," said DIR. Robin.
! son, las the supreme Court Is moi questioning
the validity of section ACC, which requires a rail-
! road company to give stop-over on every first
! class ticket. That Is the kind of ticket
! bought. / asked for frsI-class full ticket to
| Alameda, with the stop-over privilege. The
! ticKet-seller said that was all the kind they
| had. giving me a frst-class lucent ticket
! coulo read the sign right there IN The office:
/ 'S,Op-over Privileges Allowed on First-class
! Tickets
Judge Hunt particularly held that STOP
overs must be given with all hrstclass tickets;
| that is the implied contract In which the law
supports me. l don't care If the tickets read
| Oakland or Alameda / asked for ticket TO
Alameda.
! Il am glad the point is TO be brought out"
| continued the doctor, "fOr it will do me no
harm. have toll confidence In the majority
| OF the JUICES Of the Supreme Court. They have
| held that l am right in demanding stop-over
! privileges on a first-class ticket. and this tech
| nIcaliiy the lawyers are trying to make some
| thing out OF don't amount TO anything. Every
| ticket Is stop-over ticket.
Il expect to have this case decided in my
| favor, and that before Christmas IL they
should carry their point 1t is easy enough for me
to get new trial on an amended complaint"
! and lhe doctor beamed on his interrogato rs
! Though he had plenty OF resources and felt
| sure OF his position.
They thought 1 would get discouraged"
| SAID DR.. Robinson, "but 1 tell you 1 am IL 10
| stay Thereto win or die.D