| Show marean AND THE PAGE CASE tho the bioche record of november 13 contains thins a communication which con cco burca so SM ceely the course of judge mckoan find contains so many misstatements in 10 relation to tho the rage railroad case that we cannot allow it to pass pasa unnoticed the writer starts out willi mth the ALA falbo statement that mr page was so ile io bently ejected from tho the cars that his leg was broken and that judge mckean decided that as the time for his bis ticket had bad ruo run out plaintiff could dot rc ic co color cr now as the inc article in question is cal coated to prejudice tho the winds mind of persons not dot acquainted with wila the facts and decision dac aaion or of the judge we dev dovolo 0 to space to refuting the misstate men ta as alo to bhoj that judge dickeat is s by DO means ile ans tho the laughing stock of lawyers of if high standing in the instead then of a broken leg ICE od as the result or of fl a forcible ejectment from the Central Pacific companas Comp anys car cars which would inferentially lead call persons persona to believe that unnecessary violence was waa used slid and consequently call 10 louder u d or 00 the sympathies of the public sir grievance WM was simply aim ply an injury to a ligament near the ankle anile joint and whether this was duo to his hia el expulsion from tho the car CA r or from some borne other cause is a point not definitely settled that judge mckeag decided that as the timo time for his ticket had bad run out ho he could not recover is also alo untrue as will he be seen frim the following follow lo extract extracts ej tracts from lis hia decision published in ID tb the TRIBUNE october bolh it a fair fair to that tho the plaintiff can mod rail nd nl that la he had rud read lia hui vi bucket change and all its contest were bo be am T at t og elcik on 1 and I at pad bopped over 1 choro I mover I dyn th tho buu ricaud upon him to inform him ir if of I 1 tiro in nature or of tho the contract between Ili aad Q tho the df dult the tactics of in fral lion were not dot at hand they acro in liu own lutilla lut iHla ho he hd had the right to cossack edw over r tile lia entire im length of the del ao food willita vil days lifter the 2 ili day d y of joe that wu wait a cuitti which lie he ad tile dant mt ant lad nam to melio mke tso to days aft after fut the elpi expiration ration of fl this contract ilia kl do ulain ded ad fulfillment by the ho lint but by ilia items or of tho the contract aboaf itaf it was then told bud abd tile plaintiff lia ing returned to pay jay lois lue fare it KU as the right ot of tins the WD delco daut daul I 1 by y ita lj avenue to put pat him oil off life train irain at tho tha ho vu pot duj 0 cammiel 4 rancil if 1 I be moud f for or a dousing ui aft fullow fourth if the on n donw shows that vio violence lEncs or force was nu aged bv tho the conductor for or affirm to in front tile cers of a then thit conductor aud and much other aro are hablo fine fand not dot the upon U 0 them there seems to bo be a serious of authority hot bat from such exam in lion all I 1 have been enabled to give it during egure of a am prius prism tri Ir teim seems thu thit in 10 rockett elaborate decisions to la of tho the blates a doctrine bu bag liken been held the appo ito stoof of that testified upon by the counsel I 1 cwm it to follow then theme out h biting and to submit tho the q ut allon of force to tho the jury this communication goc on to sayi BAY does docs judge ilIcK calf ab to do anway 11 alth the laura lassof of the land in regard to common carriere carri cre ile ifo certainly does docs not DOC call it ii a contract when a man goes to lo the pigeon hole of a railroad office an and I 1 pays tao 60 fur for ilia ibo declet handed to liviu this last laal the gist or of the whole matter it malics not the bligh slightest test how the pigeon hole bole nor bow bucl tho the money paid if the applicant buas a fecondo class claes ticket bo be buys a contrad cont ticket with willi the express stipulation hut that ticket is ay only good for a certain number this view bag ba heretofore been by the courts of several everal states including that of pennsylvania in tho the latter the caso cam vs tho the geons peons bahi J central railroad was brought up when a decision on 00 the ab lector stopover stop over tickets rai wal rendered by justice fc from I 1 which wo we extract the fell fuH owing I 1 khoii 1114 11 14 ia 0 como W lb arrow of cf abo Is ikkei to wit food fur OM ne real MI frol it phila I 1 dall delk sels to 10 tHUL rt e it do not cb tle ile M f it is ii nothing W dg in tho he words word seat rim which 1111 aul 61 I 1 abo b 0 meaning mo that I 1 ig infester of take wt sual after teat beat train at it r amin it JT dy do and ad imm from station to a 1 I 1 IT to lo of tho the known knoer gi kioa 0 of if tap company 1 1 u 4 to tile travel on 00 ach such uok tick 0 acta kgb 1 1 follow s that the contract I 1 for I 1 one aal from to pit 4 U A lh of ahe A antek v coba tobo car carrial riad and not met by train am r tram nod and by b breker stag day sa i bergy that thin is ahn truo of tho contract it dec denhilda hIlda in bf 70 rca rr 4 I 1 I 1 M cl W and J an it 11 11 co r jl 11 ohio sol hep 4 1 J bno T rt concord 1 1 0 tj N 11 2 13 and n d chot Ys TI 1 oko l aua zi M it ac I 1 R co I 1 11 I 1 art cil cal lil I 1 1 angwill on kin carriers cd d 1668 K to wa no N cuci aio to luo and wo n tho tl C J green on oa thid point in butto berton in fi to so much to tho the wo we duoto it I 1 the question 10 to a AB 5 1 to Ob 40 I 1 tt a of betlyn tile po peal t il U by paying 6 y n f fur ft patena carld nd a ticket 1 irum i s ark 7 la lif hallarn hali arn the tha quinell quie ell the rihel to bo be carrice klik atly from ono one point to the other without interruption I 1 to acquired no right to be from ono point to another upon the fb oronto route at fat timas and by different links of coal until unit like cat entire fire journey wu walk 1 ito ihu company to carry the ibo atil kin ger over the ell tire route for a stipulated price lint hut it WM was no be part of the contract that tiny filly 01 ol id buffer him to leavo saw tile the tram wild resume hi hib m awal t i in n a 0 tt ie r imin frain i it at any p point oin t u p 0 n til 0 r 0 d if he voluntarily to rare the iho traio I 1 before ach fall bo be for mind tied all rights nadir him bu cont contact tile Comp company did not gap bud were not bound to carry him to la an n or ild annn or kt aay ethar limo 0 oner omir abo re antua 11 of the routt route 11 84 this la ithe clear dosal 1 e fic I 1 of tile C contract bete con the compact all aois abo m alio bauc ot C noy any OF i done alenco to lo tile wIt eiry it if iho gas pm in i kas that under lir its contract amk tt by trivial of gro gen m lid mago or al of lo ilia 10 road ho in ja in r rallied to bo be carrial at lil hh pleasure either by one or by trains tho the burthen of proof was upon tile alio stage that in it lay on the pai leeng tr the ce bi bridif ink I 1 a conductor for fora a babury in 10 patting alf 1 off unlawfully in Initial adopting initialling ling tb ilot 1 goof film chief justice of new 5 eater wo should not dot omit to lo piard gained conr mean f 0 by y a kaork them may bo be A her cicro from r gm in for ne or accident acci dint without his him fault the transit of tho the enger in aud and it hero hem lio lie may ninino iu hn journey after wards ward in tile tho ill came the iho ticket of isle rich air 9 im reb 0 to ajo hjo no right to stop atop on off and tho the I 1 1 iv I when I 1 ho he look tc k hit his sent seat in tho the train a I 1 adl ap ilia lu holk ing criteria cri terea upon rho pr f 0 gas or 1 it ite contract contact ct had A right to con it no I 1 all ail other ii NL a Is jbv am vo tart c the iho oril inary logg i ageo the i like it 16 to bo b n ag a I 1 lie amat of destination lilt bet if tile alio j me v stop atop olt off ho he may do d mand lug b kiat at each or if 11 it 11 RO on ho he will r boelio be at tho the ond and of ilia journey journe to 3 re evoil c by byDia bro ho lz no at a entice cutar without IN han too cane camo upon the train the skit day ike ho began ft a incer journey mud aud in go re to 90 rny hia Is fifo to h 0 bama a I 1 A Ps pot off at mt joy WW wo we aro are well aware flis in exists exist R in tho the publio public m mind mil aal an ilire im on contrary it ary to tho the aro down dawn but bif aro are many an recent cot de it clione 1 ions rover sit the views malerk by the kourta cakir ts a few years ago ifo that now generally conceded that railroad rail roni com cam panics lavo have the right to make act tickets and onforio the conditions conditi 4 premed fremed ott on them |
