The Providence news. (Providence [R.I.]) 1891-1906, 1900-07-13
$3.50 FOR A
LOST Berth.
Braun Wins His Suit Against
Wagner Palace Car Co.
FORCED TO LEAVE SLEEPER.
nO Had Purchased q Ticket for Berth
and Had Been Assigned to It
WENT INTO SMOKING COMPARTMENT. |
WTlk There Another Man With Ticket for |
Sane Berth Was Installed In It-Braun
Had 10 Travel In Day Coach.
WENT INTO SMOKING COMPARTMENT.


yesterday, the General Term of the CITY
court said that a verdict OF 500 was
not an excessive amount for a man 10
recover when he had been compelled to
sit up all night because sleeping car
company had sold the same berth to him.
self and TO another man.
The verdict for $3.50 was awarded 70
Marcus Braun, a newspaper man, In
suit which he brought In the City court
against w. Seward Webb. as president
kf the Wagner Palace Car company, to
recover damages because he was not per-
mitted to occupy berth in the sleeping
car orizaba, for which he held a ticket
sold TO him by the sleeping car COM
pany.
The record of the case disclosed the
fact that the same perth in the sleep
ing car Orizaba sold TO Braun by one
agent of the company was also sold 10
another man by another agent OF the
company, who had no knowledge OF the
other sale.
A LEADING CASE
A neculiar feature of the suit. which
IS said TO be the first of its kind, ano
will probably become the leading case
IN one berth for two men, is that Braun
frxt obtained possession OF the berth
when he entered the car OriZaba, az
! Cleveland. on his way to this city, was
dulv ASSIGNED to IL by the conductor and
lost possession of the berth when ne
went into the smoking compartment
During his absence the other man-nis
name was not disclosed-presented his
ticket for the same berth. was assigned
10 II. went to bed and refused to sur
render possession to Braun when he re-
turned from the smoking compartment.
The other man was sustained In MS
occupancy of the bed by the sleeping cal
conductor. and Braun was obliged to si'
up all night.
The record in the case contained this
account of the conversation which took
place between Braun and the conduc-
Tor Braun protested and this discussion
followed:
Conductor-You have nothing to say:
II Is all right The other man evident
ly let a companion have IT. and that
settles A. All you can have Is your
money back.
Braun--I do not care for that insist
on my right TO the berth.
COn0uCJOT-I
why. have a right to be here,
and will remain here.
Conductor--No one has right to be
here not occupying a berth You can
have your money back
Braun--No.
Conductor-You have got TO get out
Braun--I warn you not to eject me.
This Is Brauns version of what next
took place.
COMPELLED TO LEAVE.
'I warned him not to eject me from
the car I would have been able to take
care of myself IL II had come to that
point, but did not want any fuss. and
as he insisted on my leaving ! gave u,
the argument with him, and wanted "a
20 out by the rear: but he said tha,
was another sleeping car, and had tc
90 out front"
coach all night. The record In the case
recites: ut was a cold night" or his
condition the next morning Braun testi-
fed
~ would have given - for cup o,
coffee II l could get II. In Rochester
felt bad and did not have much con-
versation. ! said ] was going to com.
plain about the conductor"
The General Term was called upon tc
reverse an order OF the trial court de.
nying the motion made by counsel for
President Webb for a new trial, and said
in its decision sustaining the verdict OF
the jury:
Reading the case from the appellants
(Mr. Webb's) standpoint. the position
most favorable TO him. and even conced-
ing that his reiteration OF the facts Is
beyond criticism. the question still f.
was the Jury justified by the evidence ID
fits verdict.
''Tbe payment to the car company OF
the charges demanded by IL for occu.
pancy of the sleeping berth hours before
the departure OF the train. receiving re.
epondent CBraun) as a guest at the time
Of starting. assigning him his cot and
section for the night and making his bed
were certainly acts of common and ev.
ery-day occurrence.
But then TO have a conductor tell him
without prior or timely warning, Well
you cannot have the berth because II is
occupied by some one else to be com.
PEELED to sit up all night In an ordinar,
day coach or secure such rest CD as he
might therein. 10 be told when he applied
for redress. You can have back only yoor
money present altogether cold comfor,
for q Messenger treated, as the record
shows. In the manner as was this re.
spondent II the jury has beei liberia
IN appellants president Webb's) estima.
tion In awarding just compensation "a
respondent. we still think IL. under al
the evidence. just and that IL tthe yer.
dict for SbO ought TO be maintained"
The court then affirmed the order o,
the trial judge denying n new trial or
the ground that the verdict was exces.
sive and on the other grounds urged.