Year: 1872


count by Mr.. John A Coleman of his
long contest with the New Haven rail-
road company aud the Massachusetts,
superior court judges, which will be read
by many railroad traveller with feel
ings of interest and indignation. Mr..
Coleman was elected from the New Ha-
ven train, four years ago, by rough
conductor, and lot of rougher brake
man, for not having the right kind Of
ticket-coupon, and, as some of our read
ers will remember, brought suit for
damages against the railroad, which fin
allJ succeeded, in spite of all that the
judges of our superior court could do to
prevent a Massachusetts, jury from rem
dering justice to an individual at vari-
ance with rich corporation. Duricg
the controversy a prominent railroad
official is quoted by Mr.. Coleman as lay
ing down this great principle, which
seems to govern such persons too fire.
quently: THE road has no personal
animosity against you, Mr. Coleman,
but you represent the public; and the
road is determined to make it go terrible
for the public to fight it, right or wrong,
that they win stop it" Mr.. Coleman
tells his own story, Of course, with some
partiality to himself but with reasonable
fairness. and some of his statements may
be quoted. He says, describing the
method of his election at Stanford:


They carried me horizontally until
they reached the car door when they
dropped my feet little to pass through
singly. | struck another way from nae,
and he went over between the cars.
They fercely grasped me again and
threw me broadside from the platform of
the car down upon the platform of the
depot. struck heavily on my side my
whole length. In this struggle they
tore the flesh upon my arm and legs, and
they ruptured me for life. The superin-
tendent came up, and told him | would
give him dose of common law, and see
if | could not teach him something. He
said he would give me all the law
wanted, if | wished to test the case. /
then ran and jumped on the train as 1t
was in motion. The superintendent and
his son and another man ran after aud
seized me around the body, stripped me
off the car, and held me by main strength
until the train was clear of the depot
As soon as they released me, / drew my
through ticker from my pocket, and ask
ed them why they held me. The super-
Intendent started as though / had struck
him, and said; Why didn't you show
that before, sir Z" | sad, Because it
is not customary to show tickets in get
ting on at the way stations, and you did
not give me chance" He said, "If
! you had been a gentleman you would
have sIown that ticket" | replied, +"
do not ask your opinion as to who is a
gentleman, for you are no Judge" He
said, " You tried to steal your ride to
New Haven, and sell your ticket; and
now we will give you all the law you
want, and we'll show you that the laws
in Connecticut are different from where
you come from"


Mr.. Coleman gave up his ride that
time, but brought snit for $4,000 in
the Massachusetts superior court, the
first trial being in April, 1869, with the
chief justice sitting. OF this Judge Mr..
Coleman says


He charged directly against passen.
gers upon every point. lie ruled that
the ticket was a contract. That the
road had right to make any rule il
pleased for its own government; and il
passenger broke rule he was tres
passer; and, being trespasser, the road
had the same right to eject him from it:
cars that one OF the jurymen had te
eject man from his private house if he
did not want him there. The only ques
ton for the jury to consider was, wheth
er an excess of violence had been used
by the road in the maintenance of a
right. The jury, after being out only
one hour, awarded me $4,000 damages
The judge, at the request of the road, af
ter several weeks delay, set the verdict
aside on the exclusive ground that the
; amount was excessive. The second tri
al occurred in the same court in Janua
ry, 1870, and resulted in a disagreement
of the jury. They stood eleven to one
for me, aud il was afterward understood
! that the man who disagreed bad beer
in some capacity connected with tbs
road The third trial took place il
May, 1870, and resulted in an award
Of S3450 damages. Again The road de
manded new trial which the Judge re
fused to grant. The road then appealed
to the supreme court upon poiuts of Law
The judge in charging the jury had hap
peued to say, that if the resistance o.
The plaintiff to ej ct from the car consist