The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-05-23

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OF about year, and out Of the number only ten
we're killed, and about as many injured The
proportion is, We believe, even less in France
and Belgium. On our American railways, a.
we showed the other day. the deaths average
one per day. Itmay be urged that loss OF life
may ensue from accidents over which the diree-
tors have no apparent control, as for instance
the breaking Of an axletree, bridge giving
way, &c. This argument we shall best answer
by q reference to the French railroad law,
which obliges railroad proprietors to change
their axletrees, and have all the fragile works
on their lines surveyed, at regular intervals OF
time This law is based on sound principles OF
reason. and saves many lives annually. Where
it does not exist the prudence of directors
ought to supply its place. If that prudence is
wanting, the directors are obviously to blame.
We think, therefore, that we are justified in
stating that at least an immense majority of
the accidents which occur on railways may be
directly traced to some fault on the part of the
directors or their agents. Here is a wrong-of
what magnitude, with the Norwalk disaster
fresh in our memories, we need not say. For
this wrong the law ought to provide q remedy
1t provides none. At common law, we believe,
as well as by statute, personal injuries inflicted
by negligence and carelessness as well as
malice, may be compensated by damages
awarded by court Of law A man who has
lost leg by railroad collision, may sue the
company for the value of the limb; but if he
have lost his head instead Of his leg the COM
pany escape scot free. For the minor injury
they are liable to punishment the greater, they
may commit with IMMUNITY.
1t is quite sufficient, we are sure, to draw the
attention of the Legislature to this anomaly, to
insure its correction Life is at least as valua-
BILE as preservation of the person, and ought to
enjoy at least an equal protection. 1t was
taught by the old legists, who loved fine
drawn theory, that as the executors Of man
had suffered no absolute injury by his death,
they had no claim to demand damages from
him who had caused it. This was part Of the
old stock Of legal principles one OF which
obliged wealthy man to sue the seducer of
his daughter for the loss Of her domestic ser
vices. We are fortunately getting rid, nova
days. Of these exquisite conceits and we hold
individually that the family Of mechanic or
professional man is more seriously injured by
his death than by the fracture Of his leg or the
dislocation of his arm If it be just that John
Thomas, whose ribs have been broken by my
carelessness, should oblge me to pay the doc
tors bill, and compensate him for his loss of
time and bodily suffering, it is surely equally
just that, if John Thomas is killed by the direc-
tors OF the New Haven Railway, his family
should receive from the latter some equivalent.
for the support ofwhich they have been deprived.
We evil say no more on this subject, but will
take it for granted that the Legislature will
see the expediency Of obliging railway COM
panies to pay to the relatives of any one killed
on their line proper equivalent for his pecu-
mary value to them Difficulties will doubtless
arise in the mode Of estimating that value. A
fixed sum has its advantages; though, on the
other hand, it would seem but equitable that
the family Of professional man, who have been
in the habit Of spending $4,000 year should
receive larger sum at his death than the ia
mily of laborer. The English railroad law
leaves the assessment Of the damages to jury,
and $4,000 and 900 have frequently been
paid for a single death. In recent case,
eminent merchant This branch Of the subject
may safely be left to the Legislature.
A further calculation and reaffrmation Of the
common law with respect to personal injuries
is also requisite. Not one-tenth Of the injuries
caused on railways are ever compensated. The
company laugh at the cripple who Graves pit
lance in return for the loss of his robust frame;
and he is forced to endure his misery as he best
can The new law should distinctly fasten on
the company full liability for such injuries.
These remedies, if practically enforced, will
make marvellous difference in the number of
railway accidents But they must not be
merely formal laws. To be practically en-
forced, the duty Of carrying them into effect
must not be left to the poor relatives Of
the slaughtered man. or to the wretched crea-
lures who limbs have been shattered, and whose
energies are consumed in the vain desire for
speedy recovery The duty Of enforcing any
law imposinga penalty on railway compa-
MES for accidents on their lines must be dele
gated to public officer, or the law will be
complete nulnty IL should DE maze the duty
Of the District Attorney, SO soon as the coro-
ner's inquest has established the fact Of the
deaths or injuries on railway, to levy the
amount of the penalties forthwith, leaving it to
the company to show that the accident had
occurred by the visitation Of God, and by no
fault of theirs. If the prosecution Of the suit is
left to the relatives or to those who are lying
on bed of sickness. their absolute inability to
undertake protracted litigation would operate
to neutralize the whole object and intent Of the
law. Directors would threaten lawsuit that
would cost $4,000 would visit the poor widow
and orphans, and tempt their misery with the
offer of few hundred dollars for release !;
invalid to bully him into compromise. If the