Secondhand smoke female college students to railway station by train

K1301 train female college student xiao li in the pungent smell cigarette smoke, also didn’t see the train staff to dissuade smokers, so will run the train of Harbin railway bureau (November changed its name to China Harbin railway bureau group co., LTD., is still in the original said below) appealed to the court, claim 购票款 102.5 yuan, at the same time to cancel the platform and the train in the smoking section, dismantle yanju, banning smoking in the area, and compensation for mental damages of RMB 1, etc.

xiao li to Beijing development planning commission after complaints received reply. Court for figure

between carriages set ashtray photos submitted to the court as evidence. The plaintiff for the figure

Beijing railway transportation court public & other; Smokeless litigation throughout the first case &; ; The defendant said sd train set smoking is & other; Human & throughout; Measures

K1301 train female college student xiao li in the pungent smell cigarette smoke, also didn’t see the train staff to dissuade smokers, so will run the train of Harbin railway bureau (November changed its name to China Harbin railway bureau group co., LTD., is still in the original said below) appealed to the court, claim 购票款 102.5 yuan, at the same time to cancel the platform and the train in the smoking section, dismantle yanju, banning smoking in the area, and compensation for mental damages of RMB 1, etc.

yesterday morning, the widespread attention of public places & other; Smokeless litigation throughout the first case &; Railway transportation court, in Beijing. Xiao li party thinks, train smoking is the trend of The Times, even smokers to smoke in the train between carriages, secondhand smoke also can affect non-smokers passengers; The railway has said, in sd train and long-distance train & other; The green train & throughout; Set the smoking area, is a kind of smokers passengers & other; Human & throughout; The management measures.

complaints fruitless train smoking students Sue

this year on June 9, just was admitted to the university of xiao li of Harbin railway bureau operation K1301 train from Beijing to tianjin tourism. Because want to have a good environment, she chose the air-conditioned soft sleeper carriage.

but got on the bus, xiao li will smell car thick smoke. She found that although the passenger was in the smoking area between carriages, but smoke permeated the whole car, train, not only no one to discourage smoking behavior, but also train the staff on the train smoking. At the same time in Beijing, tianjin and tianjin west railway station on the platform, also there are large Numbers of people smoking.

a: xiao li thought, on the train in the safety instructions & other; Banning smoking in each part of the train & throughout; , but the car is set up with smoking and placed the yanju (empty boxes, ashtrays), it is not reasonable. Then to the national railway transportation supervision and management to reflect the above problems.

the national railway transportation supervision management reply, according to the national railway bureau has no health supervision and management of related responsibilities, they have to xiao li’s situation reflects to the relevant departments of China railway corporation, hope xiao li directly to the national health supervision and administration department or the competent department of health of China railway corporation reflects the problem.

a: xiao li has also been to Beijing and tianjin who planning commission to report their complaints on presidio encounter the situation of smoking.

tianjin who reply development planning commission, said xiao li reflect the platform the train carriages and problems, such as smoking, who do not belong to tianjin planning commission regulation scope, the tianjin health development planning commission shall not accept it, and suggested to reflect the situation to the railway. Beijing health development planning commission, said Beijing railway system of tobacco duty in Beijing railway administration, who do not belong to Beijing development planning commission accepted range, suggest complaints directly to the railway department.

& other; We later also reflects the problem to railway corporation. Throughout the &; Xiao li’s lawyer said yesterday, but have yet to give you a definite reply. Complaints, xiao li and the Harbin railway bureau appealed to the court.

the defendant said smoking not offending refused to conciliation

& other; The plaintiff by secondhand smoke, third-hand smoke harm all the way, no escape, flue gas and penetrated into the train, the smoke inside decoration, and damaged & throughout; , xiao li in the complaint to railway passenger transportation contract dispute to Sue, requires the defendant to Harbin railway bureau to compensate the plaintiff 购票款 102.5 yuan, lawyers fees 3000 yuan; 1 yuan of compensation for mental injury; Cancel K1301 the smoking inside the train, demolition of smoking set; Banning smoking in K1301 time inside the train; To apologize.

in yesterday’s trial, the defendant, according to the Harbin railway bureau reply this case called transport contract dispute, the essence of public interest litigation cases, xiao li’s claim is not in conformity with the provisions of the civil procedure law of the prosecution conditions, also do not conform to the civil procedure law of the terms of public interest litigation request a court to find out the dismiss the suit brought by the xiao li.

the defendant argues that xiao li in the prosecution, both tort liability claims its railroads, and bear the liability for breach of contract, claim is contradictory; The railway company in sd train between carriages set the smoking area is not in violation of the provisions of laws, also did not cause infringement to xiao li; In the process of the contract, the railway company as the carrier, will be transported to the destination on xiao li passengers safety of tianjin station, has to perform its obligations of the contract.

as the plaintiff because xiao li is preparing for the examination failed to appear in court, his lawyer said that although small Li Wei to participate in the trial, but still pay attention to the progress of the case.

before the end of the trial, the judge asked if both sides are willing to accept mediation, xiao li agent nodded, Harbin railway bureau agent is looking into a gallery, at in the public gallery, a man after the response message, made it clear to the judge & other; Don’t accept mediation & throughout; .

Leave a Reply

Your email address will not be published. Required fields are marked *