New-York tribune., 1902-12-21

| there were vacant seats and he was compelled Il
| wait long that it after the time punched on
| the ticket when in which he able
| to get seat. The ticket refused by the con-
ductor, and the conductor caused Jenkins to be
! arrested.
So far as a careful examination of the reports
Of the cases decided in the New-York courts dis
closed the question OF whether not a railroad
company would be justified in putting passenger
off its cars If he refused pay his fare because
seat was furnished to him. has not been decided.
But there many holding that it is the
duty of railroad company to furnish its passen-
gers with seats. and the decisions couched in
such unequivocal language that there is no mis-
understanding them. In fact, these cases would
seem to make any statute law the subject un-
necessary If it merely declared that it should be
the duty OF every such company TO furnish seats
its passengers That is the law as the courts
have declared it at the present time. but, as the
cases have pointed out. law compel a pas
senger waive this privilege The fact, however.
it is further declared, that many passengers do
waive this right day does not affect the duty
of the company to furnish seats to those who do
not waive it.
The question has arisen under various circum-
stances but in most of the cases it up where
persons who could not find seats were injured by
being thrown from the platforms while round
ing injured while standing in the passage
way.
AS far back 1866 the Court of Appeals declared
emphatcally the principle that it the duty of
a railroad company to furnish a passenger with
seat and said that this was principle of the COM
mon law. so far the says in Willis
against the Long Island Railroad Company ga
New-York Reports page eS3), las the statute recog
nizes obligation the part of railroad compa-
MES furnish their passengers with proper seats.
inside OF their cars, it simply afirms principle of
the common law. and enforces a duty springng
from their relations carriers of passengers. and
their undertaking with each passenger to transport
him safely and properly over their road
This language called forth by attempt
the part of the railroad company to avoid respon-
sbility for accident which was caused to pas
senger while standing the platform of
The company tried to screen itself behind section
ga of the Laws of 1850. which provided that lin
case any passenger shall be injured while the
platform of any in violation of the printed
regulations of the company, posted up at the time
in conspicuous place inside of it's passenger cars
tren in the train. such company shall not be liable
for the injury provided the said company at the
time furnished room inside its passenger cars
sufficient for the proper accommodation of its
passengers
The testimony in that that the plaintiff
and his son entered the and looked for seat,
Standing in the passageway. they went on to the
platform, where they were injured by an accident
sought immunity on the ground, as its witnesses
the rear cars. that in the which the plaintiff
entered seat for two was occupied by single
arother whole seat taken up with parcels be
longing to passengers gers and that "a notice was posted
must not ride on the platform.
The proviso contained in the section above
transcribed" the court said page 6S1), was not
complied with by the defendant in the present
case Room inside the sufficient for the prop
er accommodation Of passengers means seat
for each passenger; not standing room in the pas
Sageway. 1t means, too a vacant seat; not
occupied by another passenger, either with his
person his luggage. although occupied i'm
properly: and the seat must be furnished by the
n so aede h11 II It those Se oeagp6 IN
oumbrance must be removed by the conductor or
ether employe of the company. and not by the
passenger seeking proper accommodation
In suggestion of the defendants
counsel that q courteous person thus occupying
seat would surrender it on request, the court de
cared that the question was not what ciyflty
would dictate In such case, uut what the
rights and obligations which the law will recognize
Ind enforce. Then the court the following
significant lenGuage; mo rule should ha Laid doxn