The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-02-01
DYING, CARRIED FOR
FIVE HOURS ON CAR
Street Car Conductor Thought
Passenger Drunk-New Trial
After $4,000 Verdict.
COURT RULES ON TRAVEL

The fact that dying man was car
rled the entire length OF the Third and
| Amsterdam avenue street car line for
| fve hours because two different crews on
the car supposed he was intoxicated, as
the result of which he died shortly after
the Court OF Appeals TO write an opin-
ion laying down tho law regarding the
duty OF street car employees TO take
proper care of passengers they have
reason to believe are NJ
The decision was made in a suit
for damages brought by Nellie q.
Middleton. widow OF Lewis Middle
ton. who boarded pay az you
enter car at 10th street and Am
sterdam avenue at about 2:45 +. NJ.
on May "a. 1910. In apparently good
health. lie was permitted to remain on
the car until Z 40 p. NJ, during most OF
which time he was unconscious. The
car was then sent back to the barn and
policeman was called, who sent the
sick man to a hospital. He died there
the following day at II: 45 y. NJ, with
out regaining consciousness. The
autopsy showed that tho hemorrhage
! which hrst caused Middleton's Illness
was slight. and that II he had received
proper attention within ono or two
| hours after II occurred his recovery
would have been reasonably certain.
Mrs Middleton sued the railroad COM
pauy on tho ground that her husbands
death was due to the negligence OF the
| street car employees. and on the trial
/ got a verdict for $4,000. The judg-
ment was reversed by the Appellate
Division on the ground that II did not
appear that keeping the sick man on the
car was the real cause of his death.
Frederick n. Van Zandt, counsel for
| the plaintiff asked the Court OF Appeals
TO re,nstate tho $4,000 verdict on It's
decision that the evidence made out a
, plain case OF negligence against the rail-
road company. but tho court orders a
new trial on account OF exceptions taken
| to testimony.
The opinion. written by Justice Miller,
in setting forth the facts OF tho case,
states that when Middleton boarded the
! car there was nothing about his manner
TO attract attention to him When the
car reached tho end OF the run at Fort
| George the man was In a stupor. Tho
conductor testified that he tried 70 rouse
the passenger and told him the car was
going back downtown. whereupon Mid
dleton said, "all right"
Before going back the conductor told
the starter he had drunk" he
couldn't get off, and tho starter. with
out entering tho car TO investigate, said :
| let him sleep Il of and carry him
down he'll be all right at the end Of
the trip
As to the law covering tho case,
Judge Miller says that no similar ac-
ton has been found, but since II Is al
ways tho duty OF railroad company to
carry a passenger safely, IF a passen-
ger becomes sick and unable to care for
himself during tho Journey Il seems
plain that the carrier owes him an added
duty resulting from tho change Of situa-
ton.
| My conclusion 10 that a jury could
have found from the evidence that at
some point before the car reached the
post office on its downtown trip II would
hare occurred &c = reasonably prudent
person in the position OF the conductor
that the man was In a critical condition
and IN need OF immediate medical atten-
ton. and that II was imprudent 20 the
point OF rashness longer 10 indulge in
| the assumption. first made without any
investigation whatever, that tho passen-
ger was drunk"