The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-01-20
VICTORY FOR MR.. RUNYON.
Court DECIDES THAT HE HAD a
RIGHT no CARRY PACKAGES.

Gives JOY to Commuters-An Appeal.
A jury 10 the Union County Court mt Eliza
beth handed in n verdict yesterday which tho
residents OF that city regard as a Rrea, victory
for the commuters on the New Jersey Central
Railroad. The case was that Of Elmer Il.
Runyon. President Of the Elizabeth Nursery
Company. against the Central Railroad OF New
Jersey. and II has been in the courts for the
past two years. In 1896. when the Delaware.
LackawannR and Western Railroad was hav-
Ing its Interesting fight with Commuter Bull
lcck. tho Central IailTRad OF New Jersey also
attempted to stop the pony express bust
ness which was being carried on on its subur-
ban branches, and thus IL fell afoul OF Mr..
Runyon.
Mr.. Runyon was not doing an eNpresssbusi-
ness. but was prevented from boarding a train
because he refused to allow detectives TO ex-
anime two packages and a valIse that he was
carrying. After several hours OF exciting ex-
periences with train hands and detectives Mr..
RunSon gave MP his attempt TO get homo by
the Central Railroad and boarded a Pennsyl-
vania Railroad train without Interference.
Later he began an action against the Central
Railroad and yesterday the jury returned a
verdict in his favor and awarded him 81 900
damages.
The light against the exprcssmen on the
Central Railroad Of New Jersey was really
W w hllt Elh'tN INbltHh NbllllhhN.
which has q contract with the railroad to doall
the express business done on its lines. The
business of the express company was inter
fered with, It was asserted. by the work OF
these pony eEpressmen. For small charges
they would make purchases in town for sub
urbanites and do all kinds of carrying. There
were several Of these expressmen who did q
regular business between Plnlnfeld Eliza
beth. and this city. and tho United States Ex-
tnrnGz TA,Y, q 80, ~ .La. ~ $500. $50 q A. Z. a
allow these men to continue their work. As
ID consequence of this protcs!. the RAILROAD
people promised TO prevent mon pointed out to
them by the detectives of the express COM
nany as pony eNpressmen from carrying mer-
chandise on the trains.
There, were q number OF interesting con-
ficts when the railroad tried to enforce it's
new rule. The commuters combined against
the railrC ad and assisted the pony CYPRESS
men in every way in their power. They even
went so tar as TO carry packages themselves
and turn them over TO the eYpressmen when
occasions they formed circles around the ex-
pressmen and rushed them past the detectives
and aboard the. train. This sort Of thing went
on until the. railroad people finally got the Jer-
sey City police reserves called out and kept
them on duty in the station for three nights.
The policemen prevented any further rushing
and the erpressmen, were finally Obliged to
quit the Central Railroad. Since then they
have used the Pennsylvanla Railroad be-
tween this city and Elizabeth and have not
been interfered with.
1t was on Dec. 80. 1896. when the war on ex-
pressmen was at its height, that MIR. .Runyon
this fDHR city. an M fhcRR nnSon 'l %as not At a F EeE a eo nor
muter and had not Interested himself in the
express war up TO that time. 1t was about 4
turn home. Besides his valise. which con-
tanned some rapers, and a pair of rubbers. he
pounds CT nails and the other a letter file.
Mr., kunyon had carried his packages all
the oflce;of Stoddard's express and got a boy
TO carry the two packages, and the vali5e to the
Elizabeth concern and was at that time doing
a pony express business over the Central rail- |
6ard''s .s emSloy. sdfisGFP @Rih a Of Pq The in aa MT; Sso on
The detec!.iyes nigh: after nj night by the CON- 3
Rnnyon deliberately provoked a controversy
ny gfe srIH IS SHEPPARD to garry his bundles 70
no idea of making trouble. He wasn't even
enough interested in the fight. he says. to as
siIt IN bringing on a test. case.
been, 1t Is a fact that Sheppard was stopped at
from boarding the train to Elizabeth. Mr..
Runyon thereupon took the packages away
self. The detectives would not a allow him to
unless he permitted then, to examine the con-
tents q hi, packages. This he would not do.
hr. Runyon hen left the depot ard walked
to the Gommunigqw station. about a mile up
chased a ticket there for Elizabeth and when
the train Gqme in made another ATTEMPT to
tOaI y " ! Ic utlCcllNtS NplIl not let Nun no
80. he even ran to the last eur and tried to
iump.9n the rear platform as the train pulled
struggle that followed Mr. Runyon lost his
hat and dropped his valIse and, packages.
ticket. office and bought another ticket, this
time for Newark, Again he tried to board IA
train. and again the detectives, prevented him.
t~ectives. lie ran with all his speed Tor a troll
ley car. the detectives after him; He got on
utes, jumping from the ear while it was going
full speed, The detectives almost broke their
ceeded in keeping their man In sight. Find
Ing that he couldn't give his followers the slip,
vaRia RoiIr9 9sd7 tr2 Na for home oau,.
in the, Union County Court for $4,000 dam
ages. but was non-suited. In ordering the
was Of the same nature as the Buiiock Ease nSsiG in
which the plaintiff Was forcibly put Off or a
tHF oaPt der ieci EdGrs{ IN En 4 g5Ss ! aS.. tGat m SaTTTs@e
COMMUNICATED a right to exclude him and the
carried his. case 10 the Court Of En-
rorT nd Appeqls. His argument for a new
yon was not an eXpressman aud that the bag
gage he a carried was his own personal prop
before Judge, Vail This new trial was the
The 'rsilroads 'Gefencs was that Mr.. Run
yoh 8 tleket gave him, the.Tiglt to carry 100
POUNDS OF clothing only and that IN attempt
ing to board the train with merchandise. lie
was violating his contract printed on his
ticket. 1t was also commended that even If the
custom of the company gave Mr.. Runvon and
passengers Il right 10 carry packages, he
could not recover damages because he had In
Nlted the controversy. The. defence tried 10
by q man named Howe that RunyonWent
70 New Qrk on the day In question with the
Sheppard boy and that on the way he. slapped
on the Dnck and said:
An right. Joe. / Will help you get your pack
ages through"
Young Sheppard testified to remembering
such an occurrence. but said that it was not
Runyon, but II. b. Provost, an architect
Of Elizabeth. who mad" thesremurk. He did !
not know Mr. Runyon at that time, he said.
Ia his charge to the Iury Judge Vail said :
That Mr.. Runyon = Tickct entitled him 10 100 :
Of baggage. not ollv wearing apparel. n
but ANYTHING that he might require in his ,
and its business. This. however. did :
not give him the right 10 carry nails and tho +,
.etter file If the company. by its custom, urO- !
libited such right 10 passengers. But II the !
,om pany's custom, h" said. was to allow pas :
sengers the privilege OF carrying packages. :