The San Francisco call., 1896-04-29
At AN UNLAWFUL SPEED,
A Market-Street Cable Company
Is Charged With Violating
the Code.
Evidence to Show That the Mission
Cars Exceed Sixteen Miles an
Hour.

The suit for $4,000 damages filed last
Monday by Louis D. and Marguerite Fri
chette, the parents of James A. Frichette,
who died from injuries received while at
tempting to board Mission car on the
evening of September "a, 1894, excites con-
siderable interest by reason of the peculiar
wording of the complaint.
The point is made that cars are run at a
speed greatly in excess OF that fixed by the
statutes, and that athletic young men are
expected to give evidence of their agility
by jumping on or off, as occasion might
demand
In this particular case the omplainants
set forth the fact that James A. Frichette
was 81 years of age and an athlete, ana
was accustomed to comply with the invi-
tatlon and such requirements OF the corpo-
ration to get on and off the defendants
cars while in motion and in perfect safety,
anu could have done so in perfect safety in
the present instance if the corporation had
complied with the law and had not ex-
ceeded the customary and lawful rate of
speed in running its cars
In addition to this the complaint says ::
On September 25 1894 the defendant was a
street-rallway corporation running line OF
Suls plopeiIeu Dy electric power on MlsS1On
street, from 1Wenty-ninth street to the ferry,
ana was limited by section sol of the Civil
Coue OF california to speed of not exceeding
eight miles an hour. The rules and time table
OF the defendant required its conductors and
motormen having charge of the running of its
cars 10 make the run between Twenty-ninth
street ana the Terry, a distance OF four and a
nan miles, IN thlrty-fye minutes; and in order
TO accomplish that distance in that time il
was the custom OF the defendant to invite and
REQUIRE young and athletic male passengers TO
eeV on ana on Its cars while in motion.
The new point of law made by the COM
| plalnants is certainly novel If nothing
more. Patrons OF electric lines know that
II is the custom of motormen to rattle
down 10 crossing ut a lively rate. If a
| woman or an old man is to get on or off
the car stops; otherwise the speed is only
slightly diminished
ihe distance from the ferries to Twenty
nlhth and Mission streets is fraction
over four and half miles Yesterday a
GALL representative made the round trip
/ starting from the ferries. Including the
walt lor the incoming car the time con-
sumed was exactly seventy-two minutes.
oh the outward journey eleven dead u
stops were made, and in addition to this
mere was slight letting up in the speed
as the car approached the various cross
1ngs. On the return trip thirteen stops
were mace. In order to have accomplished
the round-trlp in the time named. TO-
gether with the twenty -four stops and
SLOW downs, the actual speed could not
nave been short of sixteen miles an hour.
AZ various crossings passengers got on
aHu on the car While it was still in motion.
James II. Frichette, on account OF whose
death the suit is brought. was popular
young man IN the Mission, and promi-
mem nen5 member of the Native Sons OF the
1oloeh west. On the evening of Septem-
per "a, 1894, he was returning home, and
attempted TO board the car while it was in
motion. He missed his footine and was
thrown under the car. sustaining lnmries
which resulted in his death on October 8,
| 1895. .