New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-05-23
THE NORwALK CALAMITY.

By the public statutes Of New York acted during the
sessions of 1s47 and l549, laws were passed for the
express purpO.e Of providing redress and damages tor the
relatives of persons killed by railroad steamboat other
casualties The statute enacted in Newfork in 1871 pro
vce that any person shall be KILLED or DE ia eonSqHce
the default negligence Of any person or cororotto'
widow of hin who survives maysue aud recover
damages from such person corporation in the same way
IN which the injured persons might have sued for damages
if their INJURIES had not proved mors The statute of SAG
il similar TO the statute Of lsf7 in all respects except that
resircts the to be recovered in case OF dean to
sum not exceeding fee thousand dollars. The OBJECT 10
thus modifying the statute of ls41 was to guard against
those vindcve and excessive damages which ues under
The influence of passion or in14med by the aIa sppet
of advocates will sometimes give This restTict1H wiz
saw, the New York and New Haven COmPany-proyid ed
they adjudged to have been guilty OF want OF que
care thousand dollars for withoutt many OF tne
deaths at Norwsk Of physicians and others would nave
cost them $4,000 or $4,000 each.
As it is the aggregate damages will be very heavy un
der this statute if there has been any negligence IN not pro
yidng sufficient safrguardsfOr the c0ntrrct OF passage
having been made in New York. and the company being
New York well a Connecticut Corporation there Is no
question II they are liable to be sued under New YORK
laws for deaths Just they have been heretofore sued
there for unes received upon their road IN Connecticut
the remedy being civil one and therefore not Ike crm
nal action restricted TO the locality OF the suit Ii the
facts 10 81 N0rwak are true IS certain th the
managers Of this corporation did not take due care o. the
oct Oar gerous place their line and are therefore liable
to p o the kindred Of ali the dead the full amount allowed
by the New York statute
This law enacted for the purpose Of meeting adeect
in the common law which, absuIdly enough ao rs heavy
damages 10 be recoy red for injuries but for the greatest of
all urs DEATH absolutely refuses all redress or compen
saii, u. This is of the many humbugs too closely
copied by American judges from the common law OF Grea
British Under the operation of this exquisite legal absur
diy has been cheaper for railroads ana steanDoats 10
kill thousand passengers than to wound one his gar
ing defect in the common Law has been recently remeded
in Masssc huse and New Ork, and one or two other
States by statutory enactments to which all corporations
belonging wholly! or in part to either oil those States are
amenabe.
We should ado, perhaps, that the New York statute eH,
ifofa all
ior aih shall go the widow next of kin This would
probably allow action to be sustained for the benefit
Of any creditors OF the deceas Of insurance comp tnes
The relations those Who lives were insured are entitled
to all damages which may be recovered well as to their
insurance. 49,
In Connecticut also there statute which meets this
case though very few of the legal profession have
been Of its existence owing TO me iact tat hce It's
passage previous care has occurred for ITS applcaon
and cor queby Their attention has not been called to H.
1t was enacted at the session of lsi and substantially IN
the following words:
Actions for inur, TO the person. h such injury result in death
on not shaA the executor administrator provided MT more
eapse between the injury ard death and o
shall have occurred ubse Iusn5 % June a @
No person has heretofore had occasion TO bring an action
under this statute il manifest that is plain common
SCI Sc construction authorizes the executors OF any person
injured or killed through the neglect or otaut OF any per
corporation to recover damages ana without any
restriction as the amount Under the New Ork statute
the damages recovered against the Newfork and New.
Haven Company for those who were killed at N0rwAk,
lrovid4d they sre liable at ALL would amount to s255OOO
and the damages injuries TO persons and destruction OF
proeV 70 $4,000 or 100000 Under the statute OF
TIuecijcut the damages for the dead might up 10
100000 or 100000 We Informed mat one SUI hds
oeooy BEEN en0db y the snrUrtHg relatces o an en-
ige,t ceased pAgsfcqn for $4,000 and another by ne
fiads 'of one If The 6eceased Boston passengers toT
sloo COO Such being the state of the case it is evident
that no further legislation necessary so lar as me money
remedy is concerted. Hartford Times May 49,