The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1895-07-30
INTERESTING DECISION
Trolley Conductors Must Exercise
Care in Ejecting People.
CONDUCTOR HELD FOR TRIAL
A Mt. Carmel Justice says the Car
Must be stopped and a safe
Place Selected to Make
the Ejectment.
CONDUCTOR HELD FOR TRIAL

A case of general interest has just been
ruled upon by Justice Amour, of Mt. Car
mel. The decision holds that while con-
ductors have a right to eject passengers
from cars wien they violate rules they
must take the pfeesntion to stop the car
and select a place of safetyScEt the passen-
gers before exercising their poweM
In the case referred to the J~ustice~went
to the trouble of preparing a written opin.
ion, in which he sets forth the facts of the
case. The Justice says: 'The evidence in
the above case shows that one Palasha
Duborga was a passenger on a car of the
of the Shamokin.M Mt. Carmel Electric Rail-
way on the goth day of July, 1895, and be-
ing one of a party of three who were intoxi-
Gated and smoking contrary to the rules
and regulations of the said that
the above named defendant was the con-
ductor of the said car, and as such was re-
quested by a lady passenger to have the
smoking stopped; that the defendant
requested the prosecutor and party to stop
smoking or leave the car, and to which
request the said prosecutor failed to comply,
whereupon the said defendant as conductor
elected the said Palasha Duborga from the
car on a part of the road which is built
upon an embankment between thirty and
forty feet high pitching about 20 degrees,
the edge of the said embankment being
within two feet of the rail; that the said
Palasha Duborga was elected from the said
COR vvhi1a ~ v-oc In motion ,-i+I, araI Eo,oo
that he struck on his head and rolled to
the bottom of the e~mbankment.
The question raised in this case is, was
the conductor justified in ~ejecting a pas
senger at that particular part of the road?
Irrespective of the regulations of the COM
pany, the conductor has the right, and it is
his duty within the scope of his authority,
to put off a passenger, even after his fare
is paid, if he becomes disorderly or often
sive. 1t is the duty of the co~mpany's con-
ductors to preserve order and to protect its
passengers against the wilful conduct of
any of their number which is necessarily
offensive; or one that uses indecent Ian
guage may be forcibly elected. But the
company will be liable for injuries result
ing from excessive and unnecessary
force, while it may be the duty of those in
charge of a car when ejeoting an intruder,
even though he may be an adult, first to
stop the car, or reduce the speed to such a
degree that using due care, he may leave
safely. There seems to have been no
reason why the said Palasha Duborga
should not nave been elected in a safe
place and not on one of the most dangerous
places on the road. The offense being one
of smoking, there was no immediate dan
ger of any of the passengers being injured
if the said Palasha Duborga was allowed
to remain on the car until a place on the
road had been reached where he could have
been elected safely. l am of the opinion
! that the conductor did not act in a prudent
manfr in ejecting the said Palasha Du-
borga fra the car on the said embank-
ment, and Wether it is due and proper
care" to attempt@ Femoyea person from
a street car while it is in motion at sTena
place as the Commonwealth alleges it i
even though he be intoxicated at the tim
= is ordinarily a question of fact for a jur
| and not of law for the court.
Defendant held in one hundred dollar
, hail for oourt