The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-11-19
YOU MUST ASK.
Ignorance of Trains LIS No Ex-
cuse for Traveller.
Why Philip Moeser Lost His
Case Today.

Judge Hazen decided officially this
morning. in the case of Philip H.
Moeser against the Pullman Car COM
pany. that persons who travel must be
learned in the art of travelling and that
if they miss trains. even on the mis-
statements of railroad employees, the
railroads and the Pullman company
are not responsible.
s'Too many people who are not edu-
Gated in the trade of travelling fail to
ask enough questions said Judge
Hazen. THE average man doesn't like
to ask questions and the railroad en-
ployes are apt to be gruff, but the
travellers must persist with their ques-
lions and find out what they want to
know. They must not be scared at the
gruffness of railroad employees
Philip Moeser sued the Pullman COM
pany for 81, 9a9 because he missed a
train and got on one that was not pro-
vided with sleeping car accommoda-
tons. The testimony in the case de-
veloped the fact that in trying to keep
track of the trains Moeser found that
puzzle and he found the task too in
tricate. The result was the old story,
he got on the wrong train.
Moeser bought ticket on the Santa
re from Topeka to San Francisco April
80, 1901. He got on train No. 2 at To-
peka and paid s. for tourist berth to
San Francisco. The conductor told him
to change cars at The Needles and take
the next train. No. 7 which would take
him to San Francisco, Train No. 2 was
bound for Los Angeles. This is the US
ua1 system followed the San Francis
co train No. Z. does not pass through
Topeka but goes from Kansas City west
to Emporia by way of the cutoff"
The Pullman conductor on No. 2 gave
Moeser a check which would entitle
him to. berth on No. from The
T Needles to Frisco. The conductor told
him that The Needles was a bad place
tsand that he had better keep inside the
depot While waiting. He said that
Moeser's train would be along in half
an hour and would be the next train to
| arrive. The conductor then went on
toward the coast and left Moeser to
work out his own salvation. MoeSer in
quired of the ticket agent about his
train and was told that it would be the
next train in about half an hour.
When the next train arrived Moeser
4 boarded it and headed for the Pullman
/ on the rear of the train. He went inside
/ and was confronted by a white CARRIED
porter who informed him that it was a
I private car. Moeser sat himself down
and said he was going to stay as he had
a receipt good for a Pullman berth from
/ The Needles to Frisco. He stayed there
until the train had started and until the
porter was REINFORCED by ten other men
and Moeser was informed that he must
leave the car. Il decided that with that
number of men informing me to leave
that I might as well leave as to be
thrown out. [ left said Moeser.
Then Moeser discovered that there
were no other Pullmans on the traiT
and he was forced to travel in day
coach for two night until Frisco was
reached. Moeser testified that the cal
was cold and he was uncomfortable but
he did not contract cold.
The defense put up the exclamation
that Moeser got on the second sector
of train No. , and should have waited
was switched off at Barstow fol
Frisco.
Moeser felt that he had been damaged
and brought suit because he had beer
deprived of the pleasures of a sleeping
car for two nights John Waters ant
Ned Osborn brought the suit for hin
and tried the case assisted by Major A
M. Harvey.
What we want to know" said Cliff
Histed who appeared for the Pullman
don't know what the 50 is for
I'VE didn't put on So said JOIN
Waters in explaining to the court, wv
Knocked off 81 from $4,000 to be easy o.
your company"
Il don't see that the jury can find tina
the defendant has been injured to tn
extent of $1,s99 WORTH" said Histed.
1--WE put it high SO the jury could Gu
off some and then leave our client faI
Judgment" replied Waters.
Judge Hazen decided that Moeser ha
shown no cause why he should receiv
damage and decided that it was hi
| fault in getting on the wrong tran
Moeser should have known the railroa
mans difference between a train an
a section" Judge Hazen ordered tn
, Jury to return a verdict for the Pull
man company.