“Never mind his croaking, madam,” I went on. “These cases he mentions do not apply to you. If they did it would be visiting the sins of the fathers upon the children to an extent not contemplated by the decalogue (as a judge once remarked),[536] and, besides, on this side of the water a parent may suffer a child four years old to cross a street by itself to school;[537] or wander about a station,[538] without freeing the company from liability.”
“Ditto down where I growed;”[539] interruptingly ejaculated our Connecticut friend.
“Parents,” I added, “need only be ordinarily careful in not allowing their small fry to get into danger.[540] But I must go and see the newsboy.”
Off I started instanter—
For a virtuous action should never be delayed,
The impulse comes from heaven, and he who strives
A moment to repress it, disobeys
The god within his mind.
I found the youth in the baggage car with his leg tightly bandaged. The pallor spread over his countenance, the beads of perspiration on his brow, and his closely pressed lips, told that his sufferings were great; but with Spartan courage he repressed every voluntary sign of pain. A group of rough, yet tender men were gathered round him, and they told me that it was feared he would have to lose his leg; that he was the only son of his mother, and she was a widow with no stay nor support save the earnings of her boy.
“I say, mister,” said one of the party to me, “I kind of calculate you are a lawyer from what I heard you say before we left the station, and I want to know whether a man who has not got a a ticket can sue the railway for damages.”
I replied, “Every person is a passenger and entitled to be carried safely (so far as due care will provide for his safety), who is lawfully on the train;[541] and the onus is on the company to prove affirmatively that he is a trespasser.[542] Any one permitted to ride in a train as a passenger is entitled to demand and expect the same immunity from peril whether he pay for his seat or no; the confidence induced is a sufficient legal consideration to create a duty in the performance of the service undertaken;[543] so, if one is injured by the culpable negligence or want of skill of the company’s servants he is entitled to recover although he is a dead-head.[544] Thus, a newspaper reporter travelling on a free ticket—even if granted to another brother of the press;[545] the president of one company riding by request of the president of another;[546] a mail-clerk travelling in charge of the mail bags,[547] and a child for whom no fare has been paid;[548] were all held entitled to damages when injured. Nor—though this is rather beside the matter—does the fact that the train has been hired for an excursion excuse the negligence, or remove the liability of the company.”[549]
“All right,” said the man to the boy; “cheer up, sonny; you will get a pot of money for this that will keep you like a fighting-cock till you get round again.”
“I did not say that,” I remarked, gloomily shaking my head.