The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1896-12-02
.STOP-OVER RIGHTS
ARE NOW DEFINED
Judge Sanderson Decides
Against the Oakland
Commuters.
Says DR.. w. H. Robinson and
HIS Associates Were.
Conspirators. : =
"Were Engaged in. au Inrqpitous Ef.
fort to Make Money Out Of:
the Company. -: :.


- =
That part Of Oakland's population which
comes under the head of ''commuters''
and those who desire stop-oyer privileges
will be. specially interested in decision
handed down by Judge Sanderson yester-
day in the case of the Southern PACIFIC
Compan against Dr. w. II. Robinson
and others, who have for years been bat
thing for stop-over privileges on the rail-
road lines OF the defendant company. in
Alameda County. Judge Sanderson says
that the stop-over privilege may be exer-
cised il it is exercised in good faith, but
that when it is intended to be made a
cause of litigation it is not good cause:
for damages. In reciting the circum-
stances Judge Sanderson remarks; =
This action arises upon a.blll in equity SEEK
ing TO restrain certain de pendants, eight IN
number, from litigating separately, anq prln-
cipalIy in the Justices Court OF Alameda
County, some 3000alleged causes OF actlon OF
$500 each against the plaintiff as common .
carrier of passengers, and turtner competing:
the defendants to submit and try said causes
| in this one action.
Upon a demurrer to the bill, 1t was held
heretofore that this court had and would en-
terrain Jurisdiction thereof by reason, among
others. that 1t prevented muitiplcity Oh
actions.
These 5000 causes of action arose under Sec
| tion 400 of the Civil Code, which provides that
every railroad corporation IN this Stale mnst
upon tender OF fare furnish each passenger.
with ticket for transportation from the
station where purchased to any other station
on the line of the road, and further declares
that such ticket entities the passenger to ride
to the station of destination or any inter-.
mediate station and from such intermediate
point 10 the station OF destination designated
on the ticket, at any time within six months
fhnro In, rs rafn a.
and furnish tickets refusing the passage.
which the same calls for when sold, the cor
poration must pay to the person SO refused the
sum OF 5000.
Judge Sanderson notes the fact that the.
validity of section 400 has been upheld by
the Supreme. Court in the case of Robin
son vs. the Southern Pacific Company, but.
he points on: what he believes to be TWO
very important particulars in which the
Robinson case differs from the case at bar;
namely, the bona fide or good faith of the
passengers, and tho matter of damages:
In the Robinson case, DIR. Robinson, while
! on trip from San Francisco TO Alameda;
stopped off in Oakland in good fait tn and
on a matter of business for an hour.
Then, attempting TO resume his journey
to Alameda without the payment of
! further fare, was refused this privilege,
whereby he was damaged in the sum Of
$499.
According to Judge Sanderson's opinion,
| the action of the Supreme Court In:
affirming The judgment in favor OF Dr.
Robinson decided that stop-over priyi-
leges must be allowed on those tickets, by
virtue of section AGO. Civil Code, and it
| decided nothing mores-the matter of the
statutory damage, or recovery, being in no
way considered by the court" ..
| The position OF the railroad com pany in
this proceeding is then stated by the de-
l0icf 70 hao off hat laSr
1 filed these salts had conspred to make
money out of the company by demanding
! stop-over privileges solely with the ex-
pectation and for the purpose of obtaining
refusals, so that they would have a chance.
to sue for 5000, as allowed by section 400 of
| the Civil Code. Testimony to sustain this
| position Of the railroad was given at the
trial, TO which Judge Sancerson refers in
| these wordss
i 1t may also be stated that it further ap-
peared at the trial that the parties being resi-
| dents OF Alameda City were aecust stoned to
resorting to sundry and divers methods of oc-
tanning refusas OF these stop-oyer privileges.
| 1t was the procedure OF some of them 10 ride
! from their homes in Alameda. City. down to
| Oakland plef and then pnr chase tickets back
| TO Alameda, demanding stop-over Mt First ana
Broadway. This practice was repeatedly fol-
lowed several times day; Anoth, plan was
| to go by streetcars from Alameda TO Berkeley,
then buy ticket back to Alameda via Oakland
pier, demanding stop-over at First and
without being able to give the slightest reason
therefor made as many as five trips day
from Berkeley 10 Alameda. This would give
the Claimant $1,000 for such days business
if the statute applied in such cases
Several other plans for demanding stop
over privileges, such as taking the Niles
train, which it was well'known did not go
to Alameda, and going to Ocean View, in
| San Francisco County. TO get tickets, were
resorted 10 and are commented on by
! Judge Sanderson. When asked why they
stol ped over in Oakland they frankly adj
mitted that they could not tell Just why,
| but said they thought they must have
/ stopped ION business" Judge Sanderson
said it would be no injustice to declare
that the only Cuisines" was to prepare
the way for suing the company for 5000 in
each case. He scoffed at the pretension
that the claimants in thus acting were ex-
crossing their constitutional rights to buy
/ tickets, stop over and collect $500 ii re-
fused the stop-over privilege.
| A number of decisions are quoted at
length by Judge Sanderson in support of
his decision, which goes to the merits of
| the claims OF the stop-over passengers.
Ali OF the claims were formerly merged
] by Judge Sanderson's order and came I'M
/ der his jurisdiction in the present case.
He declares that these defendants Or
claimants "were engaged in an unjust and
| Ubiquitous effort to make money out of
the company by unlawful means" and
/ concludes by saying: 'This court nor any
other, am reasonably confident, will not
permit them to make money ont OF any
Individual or corporation by such means.
The judgment must be for the plaintiff. p"
| The amount involved is 100000, which
the railroad company thus gets out Of
| paying.