The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1914-09-16
O'FLAHERTY WINS SUIT
AGAINST Street RAILWAY
Judge Crunp Allows 5000 Damages
for Arrest When He Failed
to Comply With Rule.
CASE Is FIRST Or IT'S KIND
Court Holds That Conductors Have
Right to Eject Passengers Who
Refuse to Drop Fares i'm Box. but
Cannot Take Them i'm Custody.

Conductors ola pay-as- YOU enter ears
have the right TO eject. hut have no
right to arrest :, passenger who refuses
TO drop his fare in the box, as the
companys rules require.
This Is the essence or - decision an
nounccd yesterday b. Judge Beverly
r. Crump, of tho Law and Equity Court
in the case Of u. G. O'Fiaherty against
the Virginia Railway and Power Com
pany in which the plaintiff sued the
street car company for damages in the
sum OF Sl5, 00c charging false arrest
and forclblc detention.
The ease was the first of its Kind in
the history Of the city, and has beer
IN litigation more than a year. AIR
O'Flahcr,y boarded Il wrstbound street
car at Ninth and Main Streets. failing
10 drop his fare in the box on the plat
form. The conductor approached him
where he Was sitting in the car and
Informed him OF his failure to deposit
the fare. MIR. Ol'lahcrty thcrcupon
rendered Il street ear ticket. which -hc
conductor refused, Informing him that
the company's regulations forbade MIN
from receiving the fare in person
TOLD TO LEAVE: CAR
OR SUBMIT no ARREST
According 10 evidence Wrought our
later in the Police Court. the conductor
itp''.ifb MS tdllS lOE the 1are, euch
time advising Mr. OFlahcrty to 20 to
the platform ana drop his fare in the
box Mr.. OFlahcrty declined to do
TINS. but offered to pay his fare to the
conductor. lie was finally informed
that he would have 10 leave the ear
or submit TO arrest
Upon reaching his destination Mr.
O'Flaherty attempted TO leave the car
hut was forcibly detained by the con-
ductor who carried him around the
loop and turned him over to city DO
liceman The case came to trial before
Justice Crutchfeld. who heard the
testimony and took the case under ad-
visement.
Before the ease could he decided by
;hc Police Court Mr. O'Flaherty brought
suit in the Law and Equity Court
against ;hc Virginia hallway and Pow
cr Company, demanding $4,000 dam
ages for false arrest. The case was
submitted To Judge Crump upon the
evidence taken in the Police Court
no AUTUOHTrY TO ARREST
EXCEPT TO END DISORDER
In letter to the attorneys for both
sides Judge Crunp reviews the right
OF public service corporations TO lay
down and inforcc rules for the rcgu-
lotion o? their business, and announces
his opinion that while street car con-
ductors have ample authority to eject
from their cars passengers who decline
TO observe the company's regulations
they are without authority To place
passengers under arrest except for the
purpose OF quclling n disturbance.
Judge Crump's opinion will be in the
next day or two be embodied in IL
formal court order awarding Mr..
o'Flahcrty damages in the sum of
$500. The case has attracted wide at
ten;ion and its disposition by tho Law
and Equity Court establishes an i'm
pOr1ant precedent.
Corporations. Judge Crump holds.
able regulation to aid them in the
conduct of their business. The State
laws confer upon conductors and mo-
torincn OF street cars the power to in
force these regulations. White the
statute clothes conductors and motor
men with police powers. Judge Cruup
holds. ii Is the intent of the law that
the power of arrest shall be employed
only to qucil disturbance or in the
case of n criminal act
In the case under consideration. said
Judge Crump, the conductor would
have mad the right to eject AIr. OKLA
hcrty from the ear when he declined
to comply with the company's rcgula-
lions governing the deposit OF fares
70 arrest him for noncompliance With
the regulation virtually made the vio-
lation Of the rule a criminal act--an
effect which the law did not contcm-
plates For this unjustifcd arrest
damages in the sum OF $500.