Year: 1878

Thomas +. Meagher was employed by the Dry Dock.
Est Broadway and Battery Railroad Company as
conductor from August 10 to October %. 1875. On
his appointment he deposited with the company $50
and signed agreement to the effect that il by
son OF any neglect carelessness, dishonesty miscon-
duct, disobedience, unfathfulness, incompetency
derelction of duty on his part the company should
suffer any loss in OF his default to return to
the company all fares collected from passen-
gers. the company should be entitled to re-
tain for its the $50 deposit
and the conductors wages for the cnrrent
week "as liquidated damages and not by way of
penalty or otherwise" The conductor having been
discharged brought this action to his deposit
Of $780, together with $9wages claimed to have been
earned during the last week OF his employment,
which the company had refused to pay him. The
trial of the action. which was commenced Thurs
day last before Chief Justice Alker and jury. as al
ready reported. was concluded yesterday. 1t
claimed by the plaintiffs counsel that the re-
cept and non-paymcnt Of the money being
admitted by the pleadings. the burden ,,sa Of
such breach OF duty and OF contract the part OF
the conductor entitled the company to retain the
plaintiffs deposit and wages. The Court so decided.
and thercupon the defendant produced witnesses who
testified that they were employed to watch conduc-
tors count the numbers of passengers carried and
observe whether conductors used the punch or fare
register they should and that various occasions
plaintiff had been detected by them in false counting
and that he had failed to return as many
fares single half trip Of which nine trps
or eighteen half trips. per day. On this evidence the
defendant rested after proving about twenty fares
collected by plaintiff on different trips which he had
failed to account for or pay over to the company
One of the detectives employed was a young lady
named Miss Mooney. who testified with great inte-
gence and most positively that she detected plaintiff
III the omission to punch four fares on one half trip
The slips on which the conductor recorded the num-
ber OF passengers carried and the amount OF money
received put in evidence. Plaintiff failed to ap
pear trial and his absence accounted for by
his counsel as occasioned by his apprehension that
he would be arrested tor embezzlement, for
which it was said there are several in
dictments pending against him arising out Of
his conduct while employed as conductor At the
close OF the evidence plaintiffs counsel claimed that
the railroad company could only retain the amount
OF money they had proved the conductor had stolen
but the Chief Justice stated he had read and had
carefully considered all the provisions Of the agree
ment. and that the conductor could not escape from
contract into which he had voluntarily entered. He
stated also that the charges against the conductor
had been plainly proved that the jury could not
do otherwise than render verdict against him, and
the jury hereupon rendered their verdict in favor Of
the defendant. Mr.. d. A. Levien appeared for the
plaintiff and Mr.. John NJ. Scribner, j.. for the de-
feudant