The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-06-11
HIGH PRICE FOR
IS ANTIQUE EGGS
SeaWeIl VS.. Carolina Central
Railroad Affirmed.
$500 EACH FOR THE EGGS
For Being Assaulted With Fifteen Antique Eggs
in the Station at Shelby Mr.. H. |, SeaweII
Receivers -Four Thousand Five Hun
dred Dollars.

The decision in the case of Seawell
against the Carolina Central railroad was
handed down by the Supreme court yes
terday. This case is a very important ono
from legal point of view, as it tends to
settle a railroads liability for non-pro-
lection of its passengers, etc. 1t is vir-
tually a confirmation of the decision on
the celebrated case of Daniel administra-
tor, VS.. Petersburg Railroad, except in
the Daniel case a passenger, after he had
left the train the day before, and on the
next day went to the station for his beg
gage, and while there got into an alter
cation with the agent over some storage
charges and was killed by the agent. In
the Seawell case Mr.. Seawell was not
killed, but was rotten-egged
On June End, 1902, Mr.. H. L. Seawell
went to Shelby to make a populistIc
speech. He at that time was candidate
for acknowledgements on the Populist
ticket Some men (unknOwn) in Shelby,
warned him that the Shelby people did rot
desire to hear his oratorical eloquence
and that it would be best for him if he
cancelled his date. This Mr.. Seawell did
after mature delberation.
He went to the station with a mileage
book in his pocket for the purpose Of
boarding a train, soon expected, for Ham
let. While on the premises of the rail
road company, and between the arrived
and departure of the train, and while in
the act of entering the train, one Walter
Ramseur and one Paul Carroll together
with other persons unknown did as the
H..
fully assault and beat the plaintiff (Mr
SeawelD striking him in the face, and on
various other parts Of his person with
(anUlque, fifteen in number) eggs and did
otherwise maltreat the plaintiff; by reason
Of which the plaintiff was compelled to
ride on the train from Shelby to Char
lotte in clothing which was badly soiled
by the impact and bursting of the eggs,
and thereby rendered it uncomfortable,
disagreeable and for the time unfit for
use on the train The complaint also al
legged that as the train was pulling out Of
shelby the man Ramseur used vile
epithets towards Mr. Seawell, calling him
- Populist, etc.
On these facts Mr.. Seawell brought suit
from the Moore county court for $4,000
damages A high price for fifteen eggs,
surely The first trial resulted in a ms
trial At the second trial Mr.. Seawell re-
covered $4,000. Still, fair price for fl
teen eggs. From this verdict the railroad
appealed.
The Supreme court affirms the decision
of the lower court saying that a passen.
ger is not only not to be maltreated by,
but is due protection from the railroad
officials from the time he enters upon the
premises OF the company for the purpose
of becoming a passenger until he lands at
his destination, has secured his baggage,
etc, and has ceased to be a passenger in
the whole sense the word
The case presents some funny. laughable
features. Think of an august candidate
for heutenant-governor frocked in a
prince albert coat and "shiney beaver"
bat being treated to a dose of fifteen an
tique eggs. of the 1849 variety, call a
blank populist, and having to ride all the
way from Shelby to charlotte with his
clothing despatched over with antique
eggs, by reason of which his clothing was
badly very soied (were | reckon by the
impact and bursting of the (antique) eggs,
thereby rendering them mot the eggs
unfit TOR use on the train.
The court cited the following authori-
ties in the decision of the case:
Tillett VS.. Railroad lis N. Z. 665; Hans
ley VS.. Railroad, page SOB; Dodge VS..
Steamboat Company, 28S r. A. SO; Daniel
VS.. Railroad, III n. c. 592; williams VS.
Gill, 122 N. C. 967; Cagdell VS.. Railroad,
124-SO2; Owens VS.. Railroad, 126 N. C. 139;
Palmer VS.. Railroad 1880; Steamboat
Company VS.. Bracket, 121-637, Am and
Eng. Ency. of Law (2nd. Ed 541; Trac-
ton Company vs.. Lane, 46 l.. r. A. $40