CHAPTER XXV.

LEGAL RIGHTS OF TRAVELERS.

For the information contained in this chapter the author is indebted

to a well-known lawyer of New York, who has had considerable

experience in suits of individuals against railway and steamship

companies, and is therefore thoroughly competent to write on the

subject.

"In considering the legal rights of travelers it is necessary to

remember that they are not the same in all countries, nor even in

different states of one country. Legal right in England may not be

legal right in France or the United States, and a decision of a court

in New York may be quite opposed to one in a case exactly similar in

Ohio or California. I will endeavor to give a summary of decisions

embodying the most important relations of the traveler to the carrying

companies, and where there are two cases of similar character, that

have been differently decided, I shall prefer the one from the higher

court.

"One of the most frequent causes of dispute in the United States is

the time for which a ticket is valid. It has been generally held that

a ticket for a single trip over a railway is good for any length of

time, with the understanding that when the journey begins it shall be

completed in a continuous ride. This applies only to single tickets

over the road of one company; when the ticket has one or more coupons

attached, and is sold at a lower rate than the single fares would

amount to if added together, it is liable to be refused on the ground

that it is in the form of a contract that expired a certain number of

days after the ticket was issued. There have been many decisions on

this subject, the majority of them favoring the claims of the company

against the passenger.

"An excursion or round trip ticket, sold at a reduced rate, is held to

be a contract, and is worthless if not used in the time specified. It

is also non-transferable, if so printed on the face, and the conductor

may refuse it when offered, on the return trip, by any person other

than the one who used the first half. The theory is that in

consideration of the reduced rate the company should have the benefit

of any chance that the original purchaser does not return within the

specified time. The courts of most of the United States, and also

those of England and the Continental countries, are in accord on this

subject.

"A ticket marked 'good for this day only,' or 'for this train only,'

was formerly held to be good for any day till used, but of late years

the majority of decisions are in favor of the printed limitation, on

the ground that the companies have a right to regulate their business,

and that they must know how many people are to travel by a train in

order to make it up properly. But in this case the purchaser of a

ticket may have his money returned provided he asks for it before the

departure of the train, or can show that it is the fault of the

company that he has not used it.

"In regard to the validity of a ticket in the reverse direction from

what it reads, there have been several decisions both ways, the

passenger claiming that he had paid to be carried a given number of

miles over the road and he had a right to travel either way, as he

chose. A passenger on the New York and New Haven railway recovered

damages for injuries received while being ejected from the cars, but

it required a law-suit of five years, and repeated trials, to obtain

them. He had offered a ticket from New Haven to New York while riding

in the reverse direction, and was put off in consequence. In another

instance a passenger from Boston to Portland sued for damages, for

ejection from the train when he offered a ticket 'from Portland to

Boston,' and lost his case; and the majority of the decisions in

England and the United States favor this view of the subject.

"It has been held repeatedly that a passenger is entitled to a seat,

and cannot be required to give up his ticket until a seat is provided,

though he must show it if asked. A passenger on a New York railway

found no seats in the ordinary coaches and went into the drawing-room

car that formed part of the train. When called on for the extra charge

for the seat he refused it, but announced his readiness to return to

the ordinary coaches as soon as a place was provided for him there.

Thereupon he was ejected by the porter, and he brought suit against

the railway company for damages. The latter claimed it was not

responsible, as the drawing-room car was the property of a private

individual, and not of the railway, but the courts rejected this claim

and gave damages to the passenger. Similar decisions have been made in

several cases where railway and sleeping-car companies were concerned,

the courts holding that the railways are responsible for the

management of the cars that compose their trains, although they may

not own them. This principle has been affirmed by the Court of Appeals

of New York, and by the Supreme Court of the United States.

"It was formerly held that a conductor must allow a passenger to ride

when he had lost his ticket, providing he gave reasonable proof of

having purchased one before entering the train, but of late years the

courts are inclined to the opinion that it is the passenger's place to

take care of his ticket, and it is unfair to ask the conductor to hold

a court of inquiry concerning it. Besides, the company has no

protection against carrying the person who finds the ticket. In

Illinois a passenger in a Pullman car lost his ticket after showing it

to the porter; the conductor came around before the train started and

demanded the ticket, or its equivalent, and refused to take the

porter's word about it, whereupon the passenger went to the

ticket-office and procured a certificate to the effect that he had

bought a ticket. This the conductor refused, and compelled the

passenger to ride in the ordinary coach all night. A jury gave $3,000

damages to the passenger, but a higher court said this amount was

excessive, and the man was only entitled to what he had paid for the

ticket, and moderate compensation for the inconvenience of being

deprived of a place in the sleeping-car.

"There have been frequent lawsuits involving the rights of persons

traveling on free passes; the railway pass usually bears on its back a

printed notice that 'the person accepting this free pass thereby

assumes all risk of accidents,' etc., etc. The courts have generally

held that this notice is of no consequence, and the holders of free

passes have collected damages for injury to their persons, or loss of

property, while using said tickets. The theory is that the pass is

granted for some consideration which is the equivalent of the money

that would be required to purchase a ticket at the office, and

therefore the company is liable, and it has been affirmed by the

Supreme Court. Since these decisions, some of the railways print the

notice in the form of a contract or agreement, which the passenger

signs before delivering the pass to the conductor; no suit under this

form of pass has been reported, and the companies think they could not

be mulcted under it, as they could show a specific agreement on the

part of the passenger not to ask for damages in any event. A tramp, or

other person, stealing a ride on a train has no redress for damages,

nor any other rights which the company is bound to respect.

"Damages have been recovered in several instances for injuries

received in railway stations before the intending passenger had

entered the train, or even purchased a ticket, and they have also been

recovered for injuries received in the station after the completion of

the journey. In all these cases it was shown that the person was in

the station either for the intention of traveling, or after the

completion of the journey, and in one case where the plaintiff could

not establish this fact he lost his case.

"In a case where a passenger in an omnibus was injured by the

upsetting of the vehicle, through the driver's carelessness, damages

were given by a jury. The omnibus belonged to the railway company, and

was run by them between the station and neighboring village. The

passenger had no ticket, as tickets were only sold at the station,

whither he was going, but it was held that his journey began when he

entered the company's omnibus with the intention of traveling by the

railway.

"The right of a passenger to protection from drunken and disorderly

persons, and from ruffians in general, has been established. The

courts have decided that the company through its agents must use 'due

diligence' for the protection of peaceable passengers, and unless it

does so it is liable. A good illustration is that of a railway in

Mississippi where some rowdies beat a passenger severely, and the

latter sued the company for negligence. It was shown that the

conductor simply asked the rowdies not to get him into trouble, and

then left the car; the court held that the company was liable for his

failure to use due diligence in protecting the passenger, and gave the

latter $6,000 damages, but if the conductor had stopped the train, and

called the brakemen and passengers to assist him, the damages would

not have been allowed, even if the conductor had failed in his effort

at protection.

"Suits have arisen out of the loss of property by passengers in

sleeping-cars, and in most instances the company is not held

responsible, as it is not a common carrier, and the court rules that

it is the passenger's duty to take care of his own personal valuables.

The same rulings have been made in several cases where property has

been lost in an ordinary passenger-car and suit brought against the

company, the courts holding that when a man chooses to take care of

his valise or hand-bag it is not in the care of the company. So, also,

in instances where passengers have been robbed while on railway

trains, the courts have exonerated the companies, except where

absolute negligence has been shown. In one case some ruffians entered

a car and robbed a passenger of $15,000 in U.S. bonds; the courts held

that the company was not responsible, since $15,000 was altogether too

large an amount of valuables to be carried about one's person, and

before the company was to be held liable it should have been notified,

and the property intrusted to its care.

"Responsibility for baggage has given rise to a great many suits on

the part of passengers, and the decisions are numerous and varied. In

general it is held that a passenger can recover for the loss of

personal property such as he wishes to use and actually needs on his

journey, 'in reasonable amount.' Most of the railway companies in

America stipulate on their tickets that the passenger is limited to

one hundred dollars in value and one hundred pounds in weight of

baggage, and if he has more than one hundred dollars' worth he must

declare it, and pay in addition at the rate of a single fare for every

five hundred dollars in value. Extra trunks are usually paid for by

the piece, rather than by the weight or value, and checks given

accordingly.

"In a suit growing out of the loss of baggage the passenger is

required to tell the contents of his trunk, and the jury must decide

whether the missing articles belonged properly to the traveler's

outfit. In one case a man lost a trunk which contained his 'wardrobe.'

When he stated, which he did very reluctantly, that the trunk

contained sixteen coats of different sizes, and no other garments, the

jury thought it a remarkable wardrobe for a traveler, and he lost his

case. Money, watches, and jewelry are admitted to be a part of one's

baggage, but they must be carefully packed, and not excessive in

amount. Discrimination is made in favor of money, as most civilized

nations have recognized this article as a requisite of travel.

Surgeons' instruments, law books, and papers for a lawyer going to

attend court, dresses of actors and actresses, uniforms of soldiers,

and in general anything that may be classed under the head of 'tools

of a trade or profession' are legitimate baggage, and form a good

basis of a suit for damages in case of loss. A gambler once brought

suit for the loss of his trunk, which contained a roulette table and

other paraphernalia of his 'profession,' together with two revolvers

and a bowie-knife. The court decided against him on the ground that

his occupation was _contra bonos mores_, and the railway company

could not be held to a responsibility for anything intended to

demoralize the community.

"Where there is clear proof of the loss of a trunk a railway company

will generally pay without litigation, if the claimant is a person of

respectability, and there is reason to believe that the statement of

contents is correct, provided also that the amount claimed is not

enormous. It is better for the company to pay one or two hundred

dollars in a genuine case than to go to the courts, where it would be

pretty sure to be defeated, but there are some companies that make it

a rule never to pay until sued, on the ground that they frighten away

a great many timid persons, as well as others who cannot afford the

time for a lawsuit.

"A famous case, involving the question of what is necessary to one's

personal comfort on a journey, is that of a Russian countess against

the New York Central railway. One of her trunks, containing laces to

the value of $200,000, was opened while she was traveling from New

York to Niagara Falls, and about 200 yards of lace were stolen. It was

antique and costly, and valued at $80,000; the trunk was old and worn,

and its exterior gave no indication of the wealth within. The Countess

sued for the value of the lace, and the company defended the suit on

the ground that the lady had no right to carry such property in a

common trunk, and that it was her duty to inform the company, through

its agent, the baggage-master, of the value of the trunk, and pay the

proper price for its insurance. The court held that she was not bound

to volunteer information, but it was her duty to answer all proper

questions concerning her baggage, and to pay whatever was demanded as

extra freight. But as nobody had questioned her she was not in the

wrong; considering her station in life the laces were necessary to her

comfort, and she was awarded $30,000 in compensation for her loss.

"Suits for lost baggage are far less common in Europe than in America.

They generally result in favor of the companies, especially where two

or more are concerned. Between Paris and London losses occur from time

to time, and when the passenger seeks redress he is told that he must

show whether the loss took place in France, England, or on the

channel, so that the responsibility can be fixed. Of course he can

rarely do so; all he knows is that his trunk started from one end of

the route and failed to arrive at the other; the company that took it

swears it delivered it safely to the other, while the latter swears

that it never received it. The unlucky passenger gets the worst of it,

and the matter is complicated by having different languages, laws, and

customs to contend with. The courts generally take the side of the

companies by throwing the burden of proof on the loser; a similar

juggle is not unknown in America, as the patrons of freight, express,

and transportation lines in general can testify. A parcel or a box

will be lost between New York and San Francisco; the shipper holds a

receipt or a bill of lading from the company to whom he delivered it

in New York, and it is clearly evident that he can know nothing about

the movements of his property after it left his hands. But when he

asks for redress he is told to 'prove where the loss occurred and let

us know who is responsible.'

"Most of the Continental lines of railway have a fixed tariff for

payment for lost baggage, and on proof of disappearance of a trunk or

a satchel they pay with reasonable promptness. Baggage is so well

cared for on the Continent that losses are rare, but the complaints

are not infrequent of robberies from trunks while in transit.

Travelers on their way from Italy to England sometimes find that their

baggage, which was booked through, has been opened while on the road,

and valuables abstracted; suspicion points directly to the railway

servants, but when a sufferer asks the railway companies to pay him he

is met with the response that he must prove on what road the theft

occurred, and must also name the man or men concerned in it. As he is

unable to do this he loses his time as well as his property, and his

principal consolation is to write an account of the affair to the

_London Times_ or some other English newspaper.

"The laws regarding common carriers apply to steamships and steamboats

the same as to railways, and the decisions in cases arising from loss

of the property of passengers are of the general character already

described.

"Many suits have arisen consequent upon the failure of railway

companies to run their trains at the advertised time, missing

connections, or otherwise causing loss to the passenger. The courts

have generally held that the advertised time-table of a company has

the validity of a contract with the public, and unless it can show

that the failure to keep the agreement was quite beyond its control,

the passenger must be paid for any immediate loss resulting therefrom.

But the allowances are confined to 'direct' rather than to 'indirect'

damages, and include extra expense for hotel bills or for special

conveyances, and sometimes compensation for injury to health by

exposure. A merchant may be able to show that by missing a connection

he lost the opportunity to make a valuable contract; a lawyer may

prove that a case went against him because the delay on the railway

prevented his reaching court till after the judge had rendered his

decision; or an actor may show that he disappointed an audience and

lost the profits of a performance for the same reason. In all these

instances the courts will not hold the companies responsible, as the

loss is constructive and not actual. On the other hand the passenger

is held guiltless for a free ventilation of his opinions to the

conductor or other representative of the company, and he may even

indulge in profane expressions, if he is unrestrained by moral

training.

"There is a case on record in which a railway train that was running

behind time was struck by a tornado, whereby a passenger was injured.

A suit was brought for damages on the ground that if the train had

been on time it would not have encountered the storm, but the court

held that the delay was not in any way the cause of the tornado, and

therefore the company had no responsibility in the matter. Accidents

from floods, snow-storms, and similar causes are regarded by the

courts as 'the act of God,' and if a company can show that it used all

diligence to avert disaster, and made every reasonable effort to get

the train through on time, it is exonerated.

"Delays on steamships are regarded in the same light. If a steamer

meets with an accident at sea, or is detained by storms, the

occurrence is treated as a case of _force majeure_, for which the

owners of the ship are not responsible, unless negligence or

incapacity of the officers can be clearly shown. If a steamer breaks

down after starting on a voyage, and returns to the port of departure,

her passengers are entitled to be conveyed on the vessel as soon as

the necessary repairs are effected, or on some other vessel of the

same company, but the company is not required to return the money paid

for the passenger's fare unless it has no vessel to start on the

voyage 'within a reasonable time.' It generally does so by courtesy,

to avoid making enemies, and not infrequently the company pays the

hotel bills of delayed passengers for the same reason. In the

Mediterranean and the far East a passenger delayed by the failure of a

ship to make a connection, or from any other cause, must pay his own

hotel bills, and if he lives on board the ship while waiting in port

he must pay for his meals, but not for his lodging.

"When a ship is detained in quarantine the passengers must pay for

their meals, at a reasonable price, which is usually fixed beforehand.

Several suits, growing out of delays in quarantine, have arisen, and

almost invariably the decisions have been in favor of the steamship

companies. In one instance a steamer touched at an infected port on

her way, and thereby subjected herself to be quarantined on arriving

at her destination. It was shown that she was not advertised to touch

at the port in question, and her agents, at the point of departure,

had distinctly stated she would not stop there; the court compelled

the refunding of the money paid for board during the ten days'

quarantine, and also other expenses caused by the delay, on the ground

that there had been a clear violation of agreement with the public.

"The reader who desires fuller information on this subject will do

well to consult 'Judge and Jury,' by Benjamin Vaughan Abbott, and 'The

Law of the Road, or Wrongs and Rights of a Traveler,' by R. Vashon

Rogers. 'Judge and Jury' endeavors to show the law of the land on

topics of general public interest, and about sixty pages of the book

are devoted to travel and transportation. 'The Law of the Road' is in

the form of a story, introducing all the incidents and accidents of

travel, and their legal aspects. In both books the decisions of the

courts are cited, so that they can be readily found. 'Lawson on Common

Carriers' is also recommended as an excellent authority on matters

indicated by its title."

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