The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-07-11

son must be furnished for ia rear IN that
would comport not only with the traditional
dignity of Spain to give but witt the untradi-
tional dignity Of the United Ste ..ses to receive.
The Last Railroad Accid' .nt-WiM the Lesis-
iasu1e do S.nythiugs
1t is now well und, <rstood that railway pas
sengers take the r.s,G OF the drawbridges of the
line being down when the train reaches them.
Railway companies have discharged their duty
when they have appointed bridge tender and
established a signal. The former may be not
only unfit for SO responsible post-he may be
negligent and careless; his duties may be far
too onerous for one man to fulfl-these matters
concern travellers not the company, and if they
result in accidents and loss of life, it is most I'M
reasonable to lay blame at the directors door.
The signal may be invisible. or placed in so i'm
proper q position that it cannot be seen till it
is too late to check the progress of the train !;
these are inconvenience for which the company
is not responsible Passengers paying their
fare in railroad, know what they have to ex-
poet They have only themselves to blame, if
in the middle of their journey the train is pre-
cipitated into q river or thrown from an en-
bankment.
This princple-for the establishment of which
we are indebted to the recent accidents at Nor
walk and Wilmington-is valuable addition
to cur compendium Of railway law and usage.
Every day adds some new doctrine to the bud
get; in course of time we may fairly expect
that every contingency will be provided for,
and precedents recorded for every possible
custom will have established code Of railway
law on fundamental principles like the fol-
lowing Il. Railway companies are respon-
sble for checked baggage, but not Tor
life or limb. 2. No blame shall attach to the
officers of railroad in consequence of COLI
sion accompanied by loss Of life. if either Of the
trains was behind time. 3. No blame shall at
tach to engineers, conductors or agents, in con-
sequence of trains being behind time 4. No
blame shall be attached to railway officials in
consequence of accidents at drawbridges, fit
can be shown that 4 bridge tender had been APP
pointed and signal established. s. Railway
companies are not responsible for the vigilance
Of bridge tenders or the suitability Of signals,
G. Conductors shall be at liberty to run as few
cars as they please, irrespective Of the number
of passengers, and although the inadequacy OF
standing room inside may drive many Of the
latter to the platforms outside. T. Passengers
standing on the platforms are liable to punish
ment, and if an accident occurs may be
fined for their imprudence. g. No warn
ing shall be given of the approach Of
train. and pedestrians and vehicles shall
be freely permitted to cross or proceed
along the track; in case Of any person be-
ing run over and killed, the railway companies
shall be entitled to claim damages from the
relatives Of deceased.
Let no one hastily conclude that these rules
are extravagant Practically. most Of them are
in force at the present moment. Remember the
Norwalk massacre and the more recent slaugh-
Ter of the two unfortunate young men, Girvin
and Titus, at Wilmington. Could rules and
receive more forcible illustration? Bear
in mind the collision at Chicago few
week since, by which sixteen human crea-
lures were ruthlessly murdered. What was the
defence Of the company but the words of rule
No. 2? Rules and are not strong enough for
the Hudson River Railroad Company. On I'd
July last the p. NJ. train left the city with
several passengers more than it could accommo-
date. At Tarrytown. few persons got out.
The conductor Immediately invited those who
remained in the hindmost car to come forward
and unhitched the car Every forward car was
11o, ~ nd fha Ind
ing several ladies. thus unceremoniously dis
posed Of were forced to stand on the platforms
from Tarrytown to Fishkill and Poughkeepsie.
the conductor being deaf to all expostulation
He was bound poor fellow to make his time,"
and the company were too eager to swell their
dividends to provide engines enough for the
traffic. Again. we hear constantly Of people
being killed, by their own imprudence" while
crossing or walking on the track. But is it not
notorious that most Of the railway tracks are
used as footpaths in the country? Has any one
ever heard OF railroad official giving the slight
est hint to people walking on the track. Of the
danger they run? In other countries, railway
companies are bound to fence in their tracks,
and to exclude pedestrians from the enclosure.
Here, there is not fence post from one end Of
the line to the other. If the world were en-
tirely inhabited BY men Of prudence and expe-
rience such precautions would not be neces-
sary; but the imprudent, the unwary the
foolish, the young, are as much exposed to the
danger as their superiors in reason, and have a
paramount claim to our protection. The public
may depend upon it that Rule No is not far
wide of the actual state of affairs.
1t is with these facts before them that the
New York Assembly, on Saturday, negatved
Mr.. Gilmore's motion to make the Railroad
Accident bill the special order for to-day
What explanation members are prepared to give
of this vote, we are of course unable to say.
The country now holds them responsible for
loss of life on railroads. Directors arc anS-
-.