New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-02-01
GRANTS RETRIAL in
STREETCAR DEATH
Not Enough to Call Sick
Fares Drunk" Says
Court of Appeals.
CARE OF PASSENGERS
DUTY OF COMPANY
Widow Of Middleton. Stricken on
Third Az. Line, May Regain
$4,000 Verdict.

Under a decision handed down bv the
Court Of Appeals 1t appears that street
car companies owe passengers on their
cars further duty than merely trans
porting them to their destinations. The
highest court in the state holds that IT
IL the further duty of employees or the
car companies to give proper care TO
passengers whom they know TO be III.
Judge Miller, m writing the opinion
Of tine court, holds that a conductor
should not try to make a diagnosis or
the ailment Of stricken passenger.
Il was because conductor or inc
Third Avenue Railroad company &c
cided that passenger on ms car was
intoxicated. when. as matter OF Idc''
he was suffering from stroke OF apo
rIcxy. from which he died soon after,
chat the cour, gave the dead man 81
widow another opportunity 80 prove
her case t.. the Supreme Court, who're
she obtained a verdict for S-uooO
against the railroad company, which
later was reversed b. the Appellate
Division. g.,
The plaintiff was Mrs. Nellie c. Mid
dleton. who sued for damages for the
death Of her husband. Lewis Middleton,
which she alleged was due TO the uegil-
ccrce OF tho conductor OF the car 100
which her husband became III. Middle
ton died on MAY %. 1910, following "a
ride Of almost SIX hours on the car or
the defendant company. due 10 the fac,
that his illness was diagnosed by en-
uloycs Of the company as case OF IN
toxlcation. Much OF thIs time he wa,
unconscious The autopsy revealed
that il Middleton had received medical
attention within reasonable time
after he was stricken has recovery
would have been probable.
The testimony showed that first he
vas taken to the terminal at FORT
George. He was then In a stupor
When the conductor tried 10 arouse
him. telling him that the car was goinr
back downtown, he answered tcchly
"All right" The conductor Informed
starter that he had a drunk aboard
who would not get or, and the starter
replied: Let him sleep II of; carry
him downtown, he'll be al right at the
end of the trip" The sick man was
thereupon taken down to the iost-
Office
At that point the conductor again
tried to arouse Middleton. who made No
RESPONSE 10 the suggestion that he
take a walk" Another passenger
entered the car, who, saving that he
had been "in the same boat paid
nickel to the conductor for the s!ct
mans fare. The conductor was re
Heved from duty when the car reacaec
the barn at 65th ST., and Middleton "a'
again taken to Fort George. From thai
point the car was sent 10 the barn al
l29.h ST., with Middleton still in II. A
policeman, seeing the serious cond to!
of the lone passenger. summoned an
ambulance Middleton was removed &c
the hospital, where he died.
On these facts Mrs. Middleton OBJ
tanned verdict Of 100000 against the
Third Avenue Railroad Company. The
Appellate Division reversed the YER
dict. The Court Of Appeals now orders
a new trial.
"Was the conductors heedlessness oil
his passengers condition excused by
the fact that he assumed, honestly, hut
without any investigation, that ih'
passenger was drunk" says judge
Miller in the Court Of Appeals decision
Judge Miller calls attention 10 the
absence Of authority in any similar
case, but adds that since it Is the duty
of railroad company to carry
passenger safely, "if a passenger be
comes sick and unable TO care for him
self during the journey, IT seems plan
that the carrier owes him an added
duty resulting from the change OF stu
stion.'