The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-06-14
sTREET-CAR ETHICS AND MANNERS

The general introduction of street cars
has raised some new questions of law and
resulted in developing various phases of
human nature. There are two Glasses of
cases-first, those between conductors and
passengers, and second. those between pas
sengers themselves. The position of street
car conductor is by no means an easy one
Not to speak Of the difficulty of keeping
tab on passengers, collecting fares and
ringing them up, making proper change
keeping his ticket account straight start
ing the car promptly, but not too quickly,
ETC., his double duty to his employers and
the public adds to the embarrassments OF
the position. He must obey orders or lose
his job. and yet obedience to orders may.
in some cases. subject him to legal prose
cution. He often has to decide very quick
ly how such authority may be exercised
or how far he may so In using force
against disorderly passengers or those who
may honestly differ with him regarding
their rights. When IL comes to a conflict
between the orders of employers and the
rights of individuals the latter take prece-
dence. The law is higher than the COM
panys rules and regulations. Many cases
have occurred raising the question to
what passengers rights are and what a
conductors legal powers are in the matter
Of pulling persons OF car. These ques-
tons generally grow out OF difference OF
opinion between a passenger and the con-
ductor as to whether fare has been paid or
| not, the right to transfers, the right
question has frequently arisen in the case
of passengers who have paid through fare
| in q car which they were not informed ran
only to a certain point. The law applicable
in a general way to such cases is stated
/ thus:
/ pays his fare he enters into a contract with
| the company whereby the company is
bound to carry him to his destination. The
/ to carry him there in the one car. for there
may be reasons-derangement of some OF
the mechanism. for instance-for with
drawing that car from service. Under the
ordinances, a car must proceed to the desti-
/ nation for which Ii is marked, except for
| some such reason. and penalty is pro-
vided II the company does not run the car
through.
But the company is obliged under its con-
tract, made with the passenger when his
fare was accepted. to take that passenger
| to his destination I'm some car So. when
IL fails to do this. through the refusal of its
| servant the conductor, to provide trans
fer. in the one instance, or the other con.
has already paid. IT is liable in damages 70,
this failure to fulfill its contract
The company is liable for an assault com
mitted by a conductor on a passenger who
has paid his fare and has right TO be or
the car. and the law calls Ii an assault II
a conductor merely lays his hand on 9
him OF. AS to the right OF a conducto,
| to eject a person, IL the person has no righ
upon the car--if. for instance. he has moi
paid his fare and Is trying to beat his way
and refuses either to get of or to pay
then the conductor has perfect right Il
| eject him. and the etectment might proper
passer, and IL Ia the right OF the Other
parties 10 eject him. But only so much
force may be used lawfully as is necessar,
TO accomplish his ejectment. If unneces
sary force is used, the company is liable
in damages for the assault which is com
| mitted when the unnecessary force is used
even In the case Of trespasser.
These rules relate to disputes regardin.
fares. Putting drunk, disorderly or insult
ing persons of the car raises another clas
OF questions. A conductor has not polio
powers. and even a drunk or disorderl,
person has some rights under the law. I
is not always easy to decide off-hand hoy
far a conductor may go in such cases
though IL he keep cool he can tell prett
well about where to draw the line. In
: conflict of that kind the sober passenger
! who are witnesses will always be on tn
/ side of the conductor. Several court deci
sions have drawn the lire between tn
) ] right to eject . passenger from car 70