The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-11-28
STREET CAR COMPANY SUED.
A Drummer Wants S3, 900 For Being
Put OFF the Car.

The News and Observer some time AGO
stated that Mr.. Alexander Varian. q
drummer, had employed Mr.. Perrin
Busbee to bring suit against the Raleigh
Electric Company for damages for put
ting him off a street car during Fair
week for refusal to pay ten cents fare.
The complaint in the suit was filed in
the clerks office yesterday. 1t recites
the facts in the case as follows:
THAT ON Wednesday, October 18th.
1882 the plaintiff boarded one of the
defendants regular cars on Hillsboro
street in the city of Raleigh at the
western entrance of Union Square, com
monty known as Capital Square" for
the purpose of going to st. Mary's
School. That plaintiff rendered the con-
ddctor of defendants car, the servant
and agent Of said defendant company in
charge OF said car and authorized to
receive and collect fares ON said car. the
regular and lawful fare for passage OF.
said car of five cents which said con-
ductor took. That thereupon defend
ants conductors and servant demanded
of plaintiff an additional five-cents, say
ing to plaintiff that the fare was ten
cents instead of five cents. That plain
tiff protested that a charge of ten cents
was unlawful and unwarranted by the
charter Of said company, and asked said
conductor if said company had the law
ful right to charge more than five cents
for the carriage of passengers within
the limits of the city of Raleigh to
which the said conductor replied thattthe
company had such right and uniformly
collected ten cents fare during the
week of the State Fair Plaintiff there
upon refused to pay the additional fare
demanded by Said defendants conducv
tor and said conductor Immediately Stop
ped the car and called policeman OF
the city of Raleigh, who was ON said
car at the time, and ordered plaintiff
off the car, threatening to have said
officer TO arrest the plaintiff and to forei-
bly, eject him from the ear unless plain
tiff paid the additional five cents de-
madlded, and said officer said to the
plaintiff that he would have to pay the
ten cents demanded by the conductor
or he would put him off the car. That
plaintiff, still protesting against said un-
lawful demand of defendants congluc-
tor. and to avoid the forcihle election
from the car as threatened by said con-
ductor and said police officer. left the
defendants car at the corner OF Hills
boro and Harrington streets, within the
limits of the city Of Raleigh and only
three blocks from where plaintiff boarded
The car, and eontinued his journey ON
foot
The plaintiff further says in his com
plant that the conductor did not ask
him where he intended to get off or ex-a
plain that the five cents fare entitled
him to ride only to the city limits but
If he wished to 90 beyond the limits Of
the city, the company was not then
bound by the provision of its charter
which provides that the fare in the city
shall not exceed ) cents. but had the
right to make such additional charge
from the limits of the city to any point
beyond the limits, but instead the con
ductor made the uhwarranted presump-5
ton That the plaintiff intended to go to-
the Fair grounds beyond the city. The
plaintiff contends that by paying the
five cents he was entitled to ride to the
city limits.
The plaintiff thus concludes his COM
plant as follows:
That in consequence of said unlaw-
full, negligent and brutal conduct of the
defendant as aforesaid, the plaintiff was
not only greatly inconvenieced, but was
outraged in feelings, disgraced and hui
inflated subjected to the teers and gibes
Of passers-hy and of his fellow passen-
gers with which the said car was at the
time crowded and otherwise endamaged
iii the sum of three thousand dollars"