New-York tribune., 1902-12-21

bv the courts which will compel passenger "a
inr seat to assume the risk ne or in rsonai
controversy. or. perhaps, forciole colsiion coi s n
seat or TO keep it after he had obtained it. Nor
should he be forced TO ask as taH4r a bfnb Lp1I,
is due 10 him from the company as right i
There is not the slightest neceSsi F his ID descTip
ton: the conductor easily prevent them II - -
see that each passenger is furnished with proper
seat as IT is to require nm 70 b a the courts and is
considered leading authority on the SUBJECT at Ie
The case Of William B. Thorpe against the New
York Central and Hudson Riyer RaaIEoaa apS re-
ported in 76 New-York Reports, page 4o2 is inter inter
not finding seat. passed on into a Wagner parISor
attached the same train The porter OF nss se
senger refused to pay. bat signifed his Willingness
to 90 cut 20 OF him hne II PaT5r be ordinary coach The po
ter thereupon attempted forciby TO remove m hii f ~
consequence of which he brought an 5 aeqoH veT tg
assault against the railroad COMPANY p ns1,v ana in
the ground that there were seats occupied WIZ VIZ
passenger to seek the conductor and request es
him to supply seat by hfyhg ts no such ebiisation
upon the passenger in that case mas h
removed there would have been enough seats Tor
all the passengers on the train Allq %, t9 laintiff
cannot be deemed a wrongdoer in passing into the
ra%s @ room ane sbo26 he Eacsted It was the duty
of the defendant furnish him seat, flS otnIs a+
Toet him NAV ressonsflv be accounted for. the
ground that he supposed that such request at ''l
time would be unavailing. . -
In another case in the Court of Appeals it was
said that horse railroad company had no right
to SO overcrowd its cars that passengers were
compelled to stand on the platform ana liitu .
jured while in this dangerous position That was was
the case of Sheridan against the Brooklyn City
and Newtown Railroad Company. reported SO New
York Reports. page 49, In this instance a poS NM
by the conductor to give up his seat for the accom-
mediation of adult passengers when the car became
uy7e6 arad+ he hoy wa
4 10 a+ off te car knocked the boy off the plat
form and he was run over and killed In affirming
verdict against the company the court s;ld; II II
had not removed the deceased from his seat and
compelled him to stand upon the platform he would
have been unaffected by this illegal act OF the the
young man. II was his violence cohcuItInS VIZ II
the defendants Illegal conduct in oyercrowoing
its car and in placing the deeeaee ant ulGn 'i If
is no justification for the defendant that another
asa; i 1n ti1e +l ca n- m TSIand RsiIroad COMPANY
reported IS New-York Reports. page e5o. a pas
snd not being able to ind seat in the car stood.
with a number of others on the platform. He was
thrown off killed the train rounded curve,
@ ana cng 69nF! The IA saie Of tickets by the de-
passengers 10 ride and comfortable accommoda-
to do 50. whereby the plaintiffs intestate was
obliged 20 ride in an unsafe place on tne piauoIa @
fz it & ,i5nne from which the Jury was author
lied to fnd the fact Of defendants negligence
When the Jenkins case was hefore the Appellate
Division of the Supreme Court in brooklyn, II was IS
remarked by the court appears IN the opinion IN
% Appellate Division Reports page that an o1 II
may submit to the ANNOYANCE ana discomIort G t+ IN,
the fact that thousands OF persons 90 sd COM
rights each day does not justify & me % 70 Do
so or to forfeit their rights under the law OF ule
The Municipal Assembly some time ago proposed
to nict penalty upon GenPaaes aa for ther 6as 81
sengers. but the matter was dropped