CHAPTER IX.

PRODUCING TICKETS, OR EVICTION.

Carried past.--Jumping off.--Junctions.--Cave Canem.--Conductors

refusing Change.--Fighting in the Cars.--Conduct of

Passengers.--Ladies’ Car.--Turned out in the Dark.--No Seats.--Colored

Persons.--Tickets lost and found too late.--Conductor’s

Conduct.--Damages for Wrongful Ejectment.--Go quietly.--Companies

heavily Mulcted.--By-law as to producing Tickets.--A Lover, his

Mark.--Getting off for a Moment.

Fortunately for my friend the attention of our fellow travellers was

drawn away from him by the language, more forcible than elegant,

of a man who had been carried past a small way-station at which he

desired to alight, and for which he had a ticket. He vowed vengeance

against the company because the train was not stopped and a reasonable

opportunity given him to alight, and threatened loudly to sue the

company for the damage which, he said, he would inevitably sustain

through his non-delivery at his destination. And no doubt he would be

successful, judging from authorities, in recovering compensation for

the inconvenience, loss of time, and the labor of travelling back to

the haven where he would be, because these are the direct consequences

of the wrong done him.[349] One Hobbs, and Betsy his wife, with two

juveniles, once took a midnight train homeward bound; they were landed,

however, at another village, some miles off from their house; it was so

late that they could neither get a conveyance, nor yet accommodation

at an inn, and so all had to walk home through a drizzling rain. Betsy

took cold and was laid up for some time, and the jury gave a verdict

of £28 in their favor; £8 for the personal inconvenience, the balance

for the wife’s illness and its consequences. The court considered

that Hobbs was entitled to the £8, but not to the rest, the sickness

being too remote a consequence of the breach of contract.[350] This

was in England, but in Mississippi where a man, subject to rheumatism,

got carried past his station and had to walk back in the rain,

whereupon his old enemy attacked him, it was decided that he might

get satisfaction out of the company.[351] The ticket must always be

taken to be the contract between the passenger and the company for the

special purpose, and upon the terms which are contained in it,[352]

and when the company has issued a ticket to a particular place they

are bound to stop there, and it is not enough merely to slacken off

steam;[353] but, without special agreement, one cannot insist upon a

train stopping at a place where they do not usually delay.[354]

Somebody--not a Solomon--asked the man why he had not jumped off; he

sensibly--considering he was in a passion--replied:--

“If I had been so foolhardy as to jump off while the train was in

motion, without doubt, many a court in the land would hold that I did

it at my own risk, and, if hurt, could coolly tell me that for my gross

imprudence I had nobody but myself to blame,[355] if, however, they had

stopped but for a moment, I would have run the risk of being injured by

their starting before I was quite off, for then they would have been

liable,[356] and I would have done so if the train had been moving

slowly.”[357]

“But,” said my legal luminary to me, sotto-voce--for he was afraid to

draw attention to himself again--“if a passenger is induced to leap

from a car under the influence of a well-grounded fear of a collision

that would be fatal to limb or life, it seems to be regarded as well

settled that he may recover against the carriers, even though he would

not have been hurt in the slightest degree, had he philosophically

remained quiet.”[358]

Another man wanted the conductor to stop the train because he had

just discovered that he was on the wrong track; but this favor was

refused, and the stupid fellow had to pay the full fare to the next

stopping-place.[359]

By this time we had reached the Junction, and friend Smith and myself

and several other persons got out to take the cars of the one or the

other of the two other companies whose lines here cross. The stations

of the three companies are all open to each other, and the passengers

of each pass directly from the one to the other, “no pent up Utica

contracts their powers” of pedestrianism, the whole area being used

as common ground by the travellers on all three roads. While here,

a porter of the B. and E. Co., who was trundling a track laden high

with luggage, let a portmanteau fall off and injure the toes of one

of our fellow-travellers who was on the part of the platform owned by

the B. and E. Rw. Co. on his way to the terminus of the other line.

(I afterwards heard that the court held that the negligence being an

act of misfeasance by the servant of the company in the course of his

employment, the maxim _respondeat superior_ applied, and that the

company were liable; but the judges doubted whether the railway would

have been responsible supposing the man had been injured from the state

and condition of the platform, as he had no business on it.)[360]

As I was trudging along an ugly dog of the cur tribe, with a _noli me

tangere_ expression of countenance, dashed past me and rushed up to an

innocent-looking individual, seizing him violently by the posterior

part of the most indispensable portion of a man’s attire, and judging

from the row the fellow kicked up, by something more sensitive than

pantaloons as well: shaking vigorously, the dog detached a piece

of cloth and drew a little blood. The victim had a heavy stick in

his hand, and the little doggy’s lively career was stopped then and

there. I remarked to the man, “My friend, if you find out that that

unfortunate puppy belonged to the company or to any of their servants,

sue them for damages; if not, don’t trouble yourself to do so unless

you can show that they were able to dispose of the fractious animal and

did not do it.”[361]

Shortly after we were again under way a little excitement was

occasioned by an altercation between the conductor and a man who

had not fully made up his mind (whether owing to the magnitude or

insignificance thereof, we cannot say) how far he intended to ride, and

so did not wish to settle for the present. The strife of tongues waxed

warm, and the sound of the conflict rose high above the rattle and the

din of the train.

The conductor said that if he did not at once pay the fare to some

place or other he would have the pleasure of walking there. The man

still hesitated, so the official pulled the check-rope, and on the

stoppage of the train proceeded to eject the traveller, who at the

last moment tendered a $20 gold piece, and told the conductor to take

the fare to the next station (some $1.35). The latter declined now

to receive the money, and put the man off, leaving him alone in his

glory, breathing curses loud and deep.[362] Doubtless the official

was justified in so doing, as in a somewhat similar case the court

said that even an officer at a ticket office might reasonably object

to an offer of a $20 gold piece to pay a fare of $1.35, on account

of the trouble and risk involved: and that a person rushing into the

cars without a ticket has no reason to expect that he will find the

conductor prepared to change a $20 gold piece, for he relies upon

receiving tickets from the passengers, or, if money be paid to him

instead, he expects that it will be paid with reasonable regard to what

is convenient under the circumstances.[363]

I may as well inform the general public here, that it is considered a

reasonable condition for railway companies to require passengers to

procure tickets before entering the train.[364]

My friend was just beginning to dilate upon the subject of ejecting

passengers, when his voice was drowned by a crash, a scream, and

a general uprising of our fellow-travellers. I verily thought

within myself that there was a collision--that we were off the

track--that--that--that, I don’t know what I did not think in the few

moments that elapsed before I saw that it was only a fight between some

men who had been indulging deeply in that cup which inebriates and

brutalizes as well as cheers. The conductor soon arrived and quelled

the disturbance. In this case, fortunately, it was not necessary--as

it may sometimes be--for him to stop the train, call to his aid the

engineer, the firemen, brakesmen and bellicose passengers, and leading

the way himself--like some valiant knight of the Middle Ages--expel

the disturbers of the peace, or else show by an earnest experiment

that to do so was impossible.[365] If this latter contingency were

to happen, the conductor must either discontinue the trip, or give

the other passengers an opportunity of leaving the cars; otherwise

the company will be responsible for the acts of the rioters.[366] A

conductor is not bound to wait until some act of violence, profaneness,

or other misconduct has been committed before exercising the power

reposed in him of excluding or expelling offenders.[367] Of course he

is never bound to receive passengers who will not conform to reasonable

regulations, or who from their behavior, state of health or person,

are offensive to the other travellers.[368]

Carriers of passengers are just as responsible for the misconduct of

their living freight as they are for the mismanagement of the train.

They must exercise the utmost vigilance in maintaining order--that

first of Heaven’s laws--and in guarding passengers against violence;

or if not, they must pay for the consequences. In one case, they had

to pay for the eye which a passenger lost, through the quarrel of some

drunken men.[369] In another, for an arm broken in a shindy between

votaries of Bacchus.[370] All disorderly and indecent conduct is to

be repressed, and those sons of Belial who are guilty thereof must

be excommunicated, or expelled, with Puritanic severity.[371] No one

should be permitted to travel in a car, who so demeans himself as to

endanger the safety, or interfere with the reasonable comfort and

convenience of other passengers. But a wolf in sheep’s clothing, a

whited sepulchre, a serpent disguised as an angel of light, cannot

be refused transport; nor need a conductor remove a too-far-gone

dissenter from the principles of J. B. Gough, if he is neither

disorderly nor offensive, nor if he remains quiet after admonition. If

there is nothing in the condition, conduct, appearance, or manner of

a passenger, from which it can reasonably be inferred that he means

mischief, the company will not be liable for any sudden attack he may

make upon another passenger.[372]

Where the company issue excursion tickets, stipulating to run trains

in a particular manner, they cannot excuse themselves, by showing that

the carriages are all filled.[373] In England, in ordinary cases, the

ticket is issued subject to the condition that there is room in the

train; otherwise those who are booked for the greatest distance have

the preference.[374] And a carriage must not be suffered to become,

or at least to continue overcrowded.[375] A considerable discussion

has taken place in some of the States of the Republic as to how far

railway companies can require colored persons to sit in a particular

place or car. The right to do so was maintained by the Supreme Court

of Pennsylvania,[376] but other tribunals have denied it. In Illinois

it was decided that a company could not from caprice, wantonness, or

prejudice, exclude a black woman from the ladies’ car on account of

her negro blood; although it might not be an unreasonable rule to

require colored persons to occupy seats in a separate car, furnished as

comfortably as the others.[377]

The duties of common carriers include the doing of everything

calculated to render the transportation most comfortable and least

annoying to passengers.[378] Their contract with their patrons is a

stipulation for respectful treatment, that decency of demeanor which

constitutes the charm of social life, that attention which mitigates

evils without reluctance, and that promptitude which administers

aid to distress. And in respect to women it proceeds still further;

it includes an implied stipulation against general obscenity, that

immodesty of approach which borders on lasciviousness, and against that

wanton disregard of the feelings which aggravates every evil.[379]

As men of all sorts and conditions are so constantly travelling

on trains, it is not only a reasonable regulation, but almost a

humane duty, to have on every train a ladies’ car for women and men

accompanying them, from which creatures wearing exposed bifurcated

garments, unblessed by the companionship of the fair sex, and women

of offensive habits and character may be excluded, so that all the

good ladies may be together as they will be in heaven.[380] And even

though persons not admissible under the letter of the regulation are

occasionally permitted within the charmed precincts the rule is still

binding, and a male in trowsers has no right to enter without license

or reasonable excuse. If passengers excluded, by regulations, from

the ladies’ car cannot find seats in the regular coaches and there

is room in the privileged place, they must not be kept standing; but

it is the officers of the train who must determine who shall, or who

shall not, be allowed to enter the presence of the ladies; one has no

right to enter or attempt an entrance by force. If one being unable to

find a seat elsewhere go peaceably into the ladies’ car without being

forbidden, he cannot then be removed by violence, unless a seat in

another carriage is offered to him and he refuses to move. But under

no circumstances will a brakesman be authorized in forcibly ejecting

such an intruder by throwing him on to the platform while the train is

crossing a river. A man is not bound to stay in a smoking-car.[381]

It is said to have been held by some court, in a case of _Toland_

against _The Hudson River Railway_, that a passenger who is not

provided with a seat is not obliged to pay any fare, and if expelled

from the cars for refusing such payment may sustain an action against

the company. But this doctrine must be taken _cum grano salis_. If

a passenger is not accommodated as he should be, he may decline any

compromise, and sue the company for refusing to carry him as their

contract by the ticket or their duty required; and he doubtless

will succeed unless the company prove some just excuse. But if one

chooses to accept a passage without a seat, the general understanding

undoubtedly is that he must pay. If, however, he goes upon the cars

expecting proper accommodation, and is put off because he declines

going without, he may still sue.[382] So much by way of parenthesis and

digression.

“Well, what have you got to say about ejectment?” I asked my chum.

“Oh, that it is deuced hard that every dunderhead of a conductor

may put a poor wayfaring-man off, even at the noon of night, near

any dwelling-house he may choose. In one case the night was dark

and cloudy; from where the ejected man was placed, the lights of

the last station were visible, although no house was nigh, yet the

court held that the servants of the company had not exceeded their

authority.[383] The law in some States is that one can only be put out

at a station.”[384]

“How would it be, old boy, if the poor wretch was short-sighted?” I

inquired.

“That defect in one’s optics would impose no additional obligation on

the company; at least so it would appear from the authorities.”[385]

“What would be the consequences if a fellow was to mislay his ticket,

and find it again after he had been ignominiously expelled; could he

recover against the company?”

“I remember where one Curtis was travelling between St. Mary’s and

London, and had put his ticket away so safely--lest he should lose

it--that he could not find it. The conductor called upon him to produce

it; in vain Curtis ransacked pocket after pocket in coat, waistcoat,

and trowsers, pulling out papers, letters, newspapers, wool, and all

that precious olio to be found in a man’s pockets. The other travellers

were greatly edified and delighted at the exhibition of this _omnium

gatherum_, and their laughs and jests added not a little to the

confusion of the poor wretch searching for his little talismanic piece

of pasteboard. At length the conductor stopped the train and turned C.

off, though while being put off he offered to pay his fare. He sued

the company, and got $300 out of them, the court holding the company

liable for the acts of their officers duly authorized and styled (under

the Act) conductors, when not committed in excess of authority, which

in this case had not been overstepped. The company applied for a new

trial, but the court declined to disturb the verdict (it being the

second one recovered by Curtis), although it considered the damages

excessive.”[386]

“I should think,” I remarked, “one ought to be allowed a reasonable

time to find his ticket.”

“Of course,” was the reply, “a passenger has a right to ride so

long as there is a reasonable expectation of his finding it during

the trip.[387] A conductor on a previous train wrongfully taking

the passenger’s ticket does not excuse the traveller from producing

it, when called upon by another conductor; although, in such a

case, the company would be liable for the wrongful act of the first

conductor.”[388]

“I suppose the courts assume that the conductors are the agents of the

company and authorized to do all legal acts for properly collecting

the tickets, keeping order, running the train and removing persons who

misbehave or will not pay, and such?” I queried.

“Yes,” replied my friend, who was suffering from an acute attack of

_cacoethes loquendi_, “and if in assuming to carry out what he is

legally empowered to do, he forcibly removes from the cars (without

any excuse) a passenger who has paid his fare, he will be liable for

the assault; but if while being removed the man should slip, fall, and

be injured, the company will not be responsible for his scratches and

bruises, or his sprains and strains, such things being the remote, and

not the proximate consequences of the ejectment.”[389] Force may be

used to prevent one unlawfully getting on a train and no liability

be incurred for injuries; but when once a man is fairly on care must

be taken in removing him.[390] Companies have a right to adopt such

reasonable regulations as are necessary for their security, and if they

are not complied with by the passengers, not only may the railroad

refuse them admission to the cars, but if they are already within

they may remove them;[391] “and in the enforcement of order, and in

the execution of reasonable regulations for the safety and comfort of

passengers and for the security of the train, the authority of the

officer in charge must be obeyed.”[392]

“Suppose a man suffered serious detriment to his business by being

wrongfully turned out of the cars, could he recover for such losses?” I

asked.

“It has been so considered in the great Republic, if he declares

specially in regard to them.[393] But it has been held--and I think

rightly--that one cannot get vindictive or punitive damages against a

company, unless they expressly or impliedly participate in the wrongful

action by authorizing it beforehand or approving of it afterwards;[394]

or the case be one of gross negligence or wilful misconduct.”[395]

“What is it, then, exactly, that a man can get for being with

indignity and insolence hustled out of a train, amid the laughs and

jeers of the vulgar and the sneers of the polite?”

“Damages for actual injury, loss of time, pain of body, money paid to

the doctor, or for injuries to the wounded feelings of the evicted one,

may be allowed.[396] One man got $1,150 for being put off, when sick,

away from a station.”[397]

“Suppose one was killed, and sent off unprepared to the happy hunting

grounds of his fathers?” I queried.

“Then the company would be liable under Lord Campbell’s Act,”[398]

answered my Nestor.

“I presume,” I continued, still indulging my unquenchable thirst for

knowledge, “that when a conductor gets into his cranium the idea that

it is the proper thing to put one off, the best plan is quietly to

submit to the inscrutable and go?”

“Undoubtedly--spoken like a veritable Solon. In such an evil case

it will be wise and prudent to gather together one’s surroundings

and belongings, and peaceably succumb to the powers that be, for if

you leave any articles behind you, you cannot recover their value,

unless you can show that the company got them, or that the violence or

suddenness of your ejection rendered it impossible for you to take them

with you and so they were lost. This point Mr. Glover had the pleasure

of settling. He was trying to do the London and Southwestern by giving

half his ticket to a friend to save expenses, and when put out of the

cars left a pair of glasses behind him, and the court told him that

he had only himself to blame for the loss.[399] The courts never like

the idea of mulcting railway companies in heavy damages for the sins

of commission of their servants and conductors; and so where a verdict

of £50 was given against the G. W. R. because the conductor put the

plaintiff off the train, though the inconvenience to him was a mere

bagatelle and the conductor had acted _bonâ fide_ under an impression

that the fare had not been paid, and had used no harshness or violence,

a new trial was granted on the ground of excessive damages, and the

Chief Justice stigmatized the verdict as ‘outrageous:’ but there the

jurors of our Lady the Queen and my lord differed; and so on the second

trial the yeomen of the county gave the man only £5 less, and the

company submitted.[400] And in another case the same Canadian court

spoke regretfully of the exorbitant amount of damages (£50) where the

company were not otherwise concerned than through the act of their

conductor, who thought that he had only been doing his duty, as England

expects every man to do.[401] And where an American jury gave $1,000,

no special damage being shown, a new trial was granted.”[402]

“To return to the question of tickets.” I said, “I saw an English

decision the other day, which shows how one may save a little in going

to an intermediate place, where opposition lines are running to some

place beyond.”

“How is that?” was asked.

“Why, often if two lines run to B. or there is an excursion thither,

the fare is cheaper than to A., which, perhaps, is not half the

distance, and one can buy a ticket to B. and get off at A. if he so

wishes.”

“Would that be a safe dodge?”

“It appears to have been decided in England that one may pay his fare

to one place, and yet leave the cars at some intermediate place where

the train stops, although the fare to the latter place may be greater

than it is to the former.”[403]

“I saw another rather funny decision. By a by-law, passengers not

delivering up their tickets when required were made liable to a

penalty; a man took a return ticket, yet after returning to the place

whence he started, did not get off but went on to a further station,

without, however, any intention to defraud; it was held that he could

not be convicted under the by-law, for it only applied to the case of

a person wilfully refusing to show his ticket _when he had one_, while

here the man had none! It was held, also, that the by-law only applied

to people travelling minus a ticket with intent to defraud.[404] Where

a gentleman took tickets for himself and three servants, keeping the

tickets in his own custody and telling the guard that he had them, and

the servants were permitted to enter the car without having or showing

each his ticket, the court held that the company were estopped from

raising the objection that the by-law as to the production and delivery

up of tickets had been infringed.”[405]

“I believe,” I remarked, when a pause enabled me to squeeze in a

remark, “a company if it chooses may allow a discount off tickets

bought before entering the cars; but that those who enter without their

magic scraps of card-board cannot claim such indulgence,[406] even

though they have been prevented purchasing them from the fact of the

office being closed.[407] Although, I believe, it has been held by some

courts that the increased rate cannot be collected unless every proper

and reasonable facility has been afforded for procuring tickets at the

station;[408] and that if a man, without any default on his part, is

prevented getting a ticket, he may pay the conductor the excess of

fare under protest, and recover it back by suit, or else he may insist

upon being taken at ticket rate, and sue for damages if the company

refuse.”[409]

“I see that in England some companies have a by-law that if a passenger

loses his ticket he shall be liable to pay the full fare from the most

distant place on the line.”

“That’s rather hard lines.”

“Don’t pun--fortunately they cannot enforce their by-law by detaining

the traveller himself.”[410]

The legal disquisitions on railway companies were suffered to subside

for a time, while the train rattled on. I gazed about on my companions.

In the seat in front of me sat a young couple, and, judging from the

orange blossoms in the bonnet of the one, and the clean shave and kid

gloves of the other, not many hours had elapsed since they had stood

side by side at Hymen’s altar, and now they were seated inclining

towards each other like the slanting sides of the letter A. The male

had a little piece of sticking-plaster on his lower lip. As I was

staring at the youthful couple, the train dashed into a tunnel and all

was darkness. I heard a prolonged sucking sound as of a cow drawing her

hind foot out of a mud-hole--to quote a western poet of renown--and

when again we emerged into the daylight, ho! presto! the plaster was

reposing securely on the ruby lip of the orange-bonneted one; all else

was serene and tranquil, and the two looked childlike and bland. How

was this? here was a mystery as interesting as any involved in railway

law. I meditated deeply on the point until I recollected what in our

ante-nuptial days my Elizabeth and myself were wont to do; then all

became clear and plain.

“Had a sleep, have you?” I said to my friend, who had been silent an

hour and was now yawningly stretching himself.

“A sleep? oh! no! not even a cat-nap, scarcely worthy of the name of a

kitten-nap,” was the reply.

“Humph! rather a long kitten! twenty miles or so!”

We stopped at a small wayside station for a few minutes while the

engine took a draught of water; a gentleman got out to take a breath of

air or something of the sort, and while he was wandering up and down

the platform, off started our train without a solitary premonitory

screech, leaving the individual wildly waving his arms and frantically

shouting after the hindermost car. In thus quietly slipping off, the

company were wrong, for a traveller who alights temporarily, but

without notice, invitation, or objection, while the train is stopping

at an intermediate station, does no unlawful act, and although for a

time he surrenders his place and rights as a passenger, he may resume

them again before the train starts, and the officers of the railway

are bound to give him reasonable notice of starting,[411] and must

not steal off silently like a thief in the night. And passengers have

a right to perambulate the platforms while the train is stopping for

refreshments, and the firemen and stokers should not toss about wood or

coal so as to injure the travellers.[412]

FOOTNOTES:

[349] Damont _v._ N. O. & C. Rw., 9 Lou. Ann. 441; Ill. C. Rw. _v._

Able, 59 Ill. 131; Redfield on Railways, vol. ii., 276.

[350] Hobbs _v._ L. & S. W. Rw., L. R., 10 Q. B. 111.

[351] Mobile, etc., Rw. _v._ McArthur, 43 Miss. 180.

[352] Farewell _v._ G. T. R., 15 U. C. C. P. 427.

[353] Georgia Rw. _v._ McCurdy, 45 Ga. 288.

[354] Chicago, etc., Rw. _v._ Randolph, 53 Ill. 510.

[355] Damont _v._ N. O. & C. Rw. 9 Lou. Ann. 441; Lucas _v._ T. & N. B.

Rw., 6 Gray, 64; but see Ill. C. Rw. _v._ Able, 59 Ill. 131.

[356] Penn. Rw. _v._ Kilgore, 32 Penn. St. 292.

[357] Filer _v._ N. Y. C., 49 N. Y. 47; Loyd _v._ Hannibal, etc., Rw.,

53 Mo. 509.

[358] Ingalls _v._ Bills, 9 Met. 1; Eldridge _v._ Long Is. Rw., 1

Sandf. 89; Rw. _v._ Aspell, 23 Penn. St. 147.

[359] Columbus, etc., Rw. _v._ Powell, 40 Ind. 37.

[360] Tebbutt _v._ Bristol & Ex. R. Co., L. R., 6 Q. B. 73; Stiles _v._

Cardiff Steam Nav. Co., 33 L. J. (N. S.), Q. B. 310.

[361] Smith _v._ Great Eastern Rw., L. R., 2 C. P. 4; Barrett _v._

Malden & Melrose Rw., 3 Allen, 101.

[362] People _v._ Jillson, 3 Parker C. C. 234.

[363] Fulton _v._ Grand Trunk Rw., 17 U. C. Q. B. 433.

[364] Hurst _v._ G. W. R., 19 C. B. (N. S.) 310.

[365] Pittsburgh, F. W., etc., Rw. _v._ Hinds, 7 Am. Reg. (N. S.) 14;

_S. C._, 53 Pa. St. 512.

[366] Redfield on Railways, vol. ii., p. 234.

[367] Vinton _v._ Middlesex Rw., 11 Allen, 306.

[368] Hodges on Railways, 553; 5th edit., 585.

[369] Pittsburgh, etc., _v._ Pillow, 7 Leg. Gaz. 13; Sup. Ct. Pa.

[370] Pittsburgh, F. W., etc., Rw. _v._ Hinds, 7 Am. Reg. (N. S.) 14;

_S. C._, 53 Pa. St. 512.

[371] Flint _v._ Norwich, etc., Transportation Co., 34 Conn. 554.

[372] Putnam _v._ Broadway, etc., Rw., 55 N. Y. 108.

[373] Patteson, J., in Hawcroft _v._ G. N. R., 16 Jur. 196.

[374] Hodges on Railways, 553.

[375] Jackson _v._ Metropolitan Rw., L. R., 10 C. P. 49.

[376] Westchester Rw. _v._ Miles, 55 Penn. St. 209.

[377] Chicago & N. W. _v._ Williams, 55 Ill. 185.

[378] Day _v._ Owen, 5 Mich. 520.

[379] Chamberlain _v._ Chandler, 3 Mason, 242; Nieto _v._ Clark, 1

Clifford, 145.

[380] Bass _v._ C. & N. W. Rw., 36 Wis. 450.

[381] Bass _v._ Chicago & N. W. Rw., 36 Wis. 450.

[382] Redfield on Railways, vol. ii., p. 282; but see Davis _v._ Kansas

City Rw., 53 Mo. 317.

[383] Fulton _v._ G. T. R., 17 U. C. Q. B. 433.

[384] Toledo, P., & W. Rw. _v._ Patterson, 63 Ill. 304.

[385] Bridges _v._ N. London Rw., L. R., 6 Q. B. 377.

[386] Curtis _v._ G. T. R., 12 C. P. (U. C.), 89.

[387] Maples _v._ N. Y. & N. H. Rw., 38 Conn. 557.

[388] Townsend _v._ N. Y. C., 56 N. Y. 295; Hamilton _v._ N. Y. C., 51

N. Y. 100; but see Pittsburgh, etc., _v._ Hennigh, 39 Ind. 509; Palmer

_v._ Charlotte, etc., Rw., 3 S. C. 580.

[389] Williamson _v._ G. T. R., 17 C. P. (U. C.), 615.

[390] Kline _v._ Cent. Pac. Rw., 37 Cal. 400.

[391] Stephen _v._ Smith, 29 Vt. 160.

[392] Bass _v._ C. & N. W. Rw., 36 Wis. 463.

[393] Holmes _v._ Doane, 3 Gray, 328.

[394] Hagan _v._ Providence & W. Rw., 3 Rhode Island, 88.

[395] Bannon _v._ Baltimore & O. R. R., 24 Md. 108; Baltimore & O. R.

R. _v._ State, Ib. 271.

[396] Hagan _v._ Prov. & W. Rw., 3 Rhode Island, 88.

[397] Ill., etc., Rw. _v._ Sutton, 53 Ill. 397.

[398] Penn. Rw. Co. _v._ Vandiver, 42 Penn. St. 365.

[399] Glover _v._ London & S. W. Rw., 3 Q. B. 25.

[400] Huntsman _v._ G. W. R., 20 U. C. Q. B. 24.

[401] Davis _v._ G. W. R., 20 U. C. Q. B. 27, and Life of Lord Nelson.

[402] Crocker _v._ New London, Will., & Pat. Rw., 24 Conn. 249.

[403] The Queen _v._ Frere, 4 E. & B. 598; Moore _v._ Metropolitan Rw.,

8 Q. B. 36.

[404] Dearden _v._ Townsend, 12 Jur. (N. S.), 120; 35 L. J. Q. B. (N.

S.), 98.

[405] Jennings _v._ G. N. R., 1 L. R. Q. B., 7.

[406] The State _v._ Goold, 53 Maine, 279; Chicago and Alton Rw. _v._

Roberts, 40 Ill. 503.

[407] Crocker _v._ New London, Will., & Pat. Rw., 24 Conn. 249.

[408] St. Louis, etc., Rw. _v._ Dalby, 19 Ill. 353.

[409] Jeffersonville, etc., Rw. _v._ Rogers, 28 Ind. 1.

[410] Chilton _v._ L. & C. Rw., 16 M. & W. 212.

[411] State _v._ G. T. R., 4 Am. Rep. 258; 58 Me. 176.

[412] Jeffersonville, etc., Rw. _v._ Riley, 39 Ind. 568.

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