The San Francisco call., 1897-11-09
A New Trial Granted the
Railroad in the
Martin Case.
Judge Daingerfeld Says the
/ Jury Di8obeyed the
Instructions.
The Plaintiff Was Awarded Heavy
Damages for Being Elected
Prom a Train.

The heaviest judgment for personal in
juries ever rendered in this State against
the Southern Pacific Company has been
set aside by Judge Daingerfeld. He holds
that the verdict OF SO, 600 damages award
ed George \. Martin in April, 1895 Is ex-
cessive and in violation of law. For these
reasons he has granted the motion OF the
railroad com pany for new trial.
George n. Martin is 4 resident Of Sioux
City, Iowa, and for many years he has
been a large purchaser OF the wine and
fruit products Of California. In the early
part of 1895, he contracted heavy cold
and it settled in his back. The physicians
attending him recommended a change OF
climate, as he was threatened with loco
motor ataxia, and he decided tc spend a
few months in this State. He bought a
ninety-day round-trip tiCEet with stop-over
privileges and travelled over California
from the north to the south. The trip
benefited him greatly and on August l,
1896 he left this city 20 return home.
When reached Sacra amento tie con-
ductor objected 10 his ticket, claiming
that 1t had been bought from scalper
Martin, who IS OF nervous temperament,
was asked to write hi~ name. The sigma
lure did not compare with that on the
ticket. Martin explained that he used
three different signatures in his dealings
with as many banks, and explained that
in the excitement he had forgotten in
{ which way be had signed his name on the
| uChet He offered the conductor some OF
lis business cards. private papers and let
! te-s to prove his Identity, but the offer
was not accepted. The conductor insisted
that Martin was travelling on a scaIper's
ticket and that the papers offered by him
TO prove who he was had been given 10
him to use in the event of the genuneness
OF the ticket being questioned. Martin
was tolG to get off the Train or pay his fare
TO any point he wanted 10 reach. He re-
fused to do so, claiming that his ticket
was genuine and that he would rlde
through on it.
When Towles station was reached the
conductor aCain ordered him off he train.
Martin asked that he be taken 10 Truckee,
where be would be able 10 es a bIish his
identity beyond questio having had
dealings there with the Truckee Bank and
the Truckee Lumb Company. The con-
ductor refused to listen 10 him and with
the assistance of q brakeman elected him
from the train. Martin claimed a the
trial that IN dragging him out of the car
the railroad men struck his back against
the edge OF the seat, so injuring his pine
That he lost control OF his limbs. He ap-
peared 10 be a physical wreck and the
jury after less than three hours deli bera-
tion returned a verdict awarding MIN
$25, ,0U0 damages. One of the Jurors,
named Rowe, refu ed TO agree to the ver-
dict, announcing as a reason for doing so
that ne believed Martin was entitled to
600, the amount asked for by him i'll
ms mplaint.
The verdict was rendered A pril IS 1896,
and the railroad company at once gave
notice OF motion for new tr a.. The
motion has been partly argued at times
since then and two weeks ago was taken
under advisement by Judge Dainge gerheId.
In granting the motion for 4 new trial
Judge Daingerfield said that the verdict
was excessive, and that 1t was against the
evidence and the instructions of the court.
zIe said that he had instructed the Jury if
they found a verdict for Martin to award
him compensatory and not punitive dam
ages, as it had been stipulated by counsel
that if a verdict was found for the plain
tiff il should only be for such amount as
would compensate him for his loss OF time
and the humiliation he suffered and not
by way OF punishment of the railroad
company. He was of tn opinion that the
verdict was so heavy that it indicated that
the jurors had been PrejudIced. and that
they had given punitive instead of CON-
pen Dsatory damages.
Martin does not intend abandoning the |
case. His attorneys viii ask that an early !
day be set for the second trial, and they
are in hopes that they Will secure YER !
dict as large if not larger than that set |
aside,