OCR Text |
Show THIRD DISTRICT COVBT. Court met jcstrrday it lo a.m. Tho hearing of the evidence in the case of James M. Page ts. C. P. R. R. was commenced at opening. James M. Page.plaintiff, was the first witness sworn : Witness stated that on the 27th of June last, he purchased at the office of the U. P. li. K , in Omaha, a through second class coupon ticket from Omaha to San Francisco; that on the 5th of July last he left Ogden m a second class C. P. R. R. car ; that between Ogden and Corinne, the con-luctor con-luctor called upon him for his ticket, and on its beiog exhibited informed him chat the time hid expired during which it could be used. Witness eontended that he had paid his money ($SU) for a through ticket from Omaha to San Francisco and that he believed he was entitled to go on the train. In his own language he said he had "paid to ride and meant to do so." The conductor told him he mojt either pay his fare or et off tho car, or be put off. On arrival ar-rival at Corinne the conductor forced him out of ths car on to the platform, and then pushed him, aided by other employes, off the platform or step of he platform on to the ground below, a distance of about four feet from the step of the piatlorm on which he was standing; tho second class car from which he was ejected being at the time about thirty feet east of the east end of the platform at Corinne fetation. Witness testified that he then received severe injuries, which have prevented him from attending to business, until recently; that ho is still lame from the effects of the fall, having sustained injury of tho ligament of the foot and ankle. Being asked, on cross examination, how high he felt, he replied, "about tour feet." Witness had not been accustomed ac-customed to traveling on second class cars, but said ho was shipping freight I from Omaha to Nevada and California, Califor-nia, and that he stopped over at 0-den 0-den for his freight to arrive. i Walter C.Thompaon, asst. gen. ticket ! agent, U. P. R. R-, at Omaha, was '-. next sworn, and testified as to the usages of the company in selling first, i second and third class tickets east and : west of Omaha, and as to the custom of railroad companies and their understanding under-standing with each other throughout the United States, in regard to the sale of through tickets. Prior to January 1st, 1871, first class tickets lrom Omaha to San Prancisco with coupons attached, stamped 2d olass, were sold at the office of the U. P. R. R., in Omaha, bat no such through 2d class tickets westward had been sold at their , office since then. Second class tickets sold at the Omaha office for more than eighteen months past were what were termed "contract tickets" and not "coupon tickets," such as the plaintiff testified he purchased of the ticket agent of the U. P. R. R. at Omaha on the 27th of June last. The examination ,of tho witnesses proceeded slowly, as the suit is fought step by step, objections being made by defendant's counsel to very many of the questions asked the witnesses on direot'eiaminatioQ by the plaintiff's ceunsol. Tho objections were generally sustained by tho court. Tho trial promises to be long, if not tedious. |