The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-07-16

ssch accidents fall often with unfortunate weight upon
the poor; but ths law provides for them nst
.nts prScssdiDss against the oiisDdng party The &C,
uon u founded upon negligence And he objected to
making the An unptien OF sach neglect proof.
Mr. W. TAILOR replied. He did not alude altossthsr
to peupers In what he before said but he did desire to
furrish humble individuals ectiss for competing with
such corporations.
NJ. HAsnscs l-hig Of Monroe, moved 70 amend tho
section 80 to read any passenger" instead Of ANY
His objection to the section that il gave id
donal advantages to those who csreessy placed them
paDy were not guilty. To passengers the Law rela
tive to carriers would apply which simply
Mr. LOOMS regarded this as an important portion of
bill ard in order TO effect compromise he moved so to
strike out and insert to make the section read fol
lows
That in any action against railroad corporation for
an sn TO any ss
lite track or any orte or by the breach mspac.ment or
bart Of part 81 such road its squp%snts the
sueh nsr from s.ch cause shall Be- as full pa
their Nth until they shall that
Mr. CASE, dem OF Onondaga, advocated making rail
road corporations responsible for injuries to
kc The burden Of proof should re the defendant
in criminal action.
Mr. HASTINGS withdrew the amendment.
Mr. SESSIONS (whg) of Chautauque, contended that no
extra extension of the liability of common carriers was
necessary He would in this make the fast OF an
injury OF passenger prad ace evidence, without spe-
cifing, as u attempted in the last amendment
The hour fOr having arrived the committee rose,
and the House took recess to four P. M.
AFTERNOON SESSION.
THE RAILROAD ACCIDENT BILL.
The House in Commissee Of tse Whole, resumed the
consideration Of the Rail- DAD Accident bill TIE question
upon the arsnsment proposed to section eight, BY
Mr. LOOMS again took the floor in opposition to the
oment that the amendment bat repetition Of
the law rule aud urged making the fact OF the
injury and the accident p1a tacad evidence OF nez-
gepce
Mr. HASTINGS agreed in the opinion and was not salts
fed with the He was not sure the la need
ed to be changed in this particular Courts apt in
most TO impute negligence and practically the law
seemed enough and psr haps theoretically He vas pre-
pared 10 either strike out the section to ad DOT with
to the provision proposed BY the
Il. man from Chautauqus (Air ssssions.)
the after but he regarded provision with refer
to persons well as passengers quite necessary
feature, and urged that such provision as that
suggested last, called for by the people.
The amendment was lost
the section read that in suits brought against railroad
corporation for injury the person OF
riding upon their the fact OF the sccdeut shall
taken full prima facia evidence of negligence, sc
Excluding oil but passengers from the provision.)
Mr.. w. TAYLOR opposed the amendment, as excluding
provisions for the protection OF persons upon the track
and urged again the full provisions Of the BILL
blr. PETTRNGnL desrous of provision for the
protection of both and perty the road
Still he did not assume that such regulation would
the perfect safety Of every individual in what
ever position he might be- Care must be exercised on
Mr.. CooK (.hig of Genssee, desired to have the pro-
perty clause left in
Mr. NOBLE doubted whether this va. the provision re-
CURED does not change the liability at all simply
shifts the burden of proof, and amounts TO little
no'hipg he necessity for the zee ion.
Mr.. PAYNE (whig) of Monroe, thought all the debate
to show that the Assembly in session, without
aoy expectation of passing the bill He wanted the pso
pie of the State to understand that only 10 or 20
here, the rest away.
Mr. W. TAYLOR thought no desire to kill time felt
by those Who called up the bill They anxious for
progress the bill
M HADIEY moved that the committee rise and report
progress Carried
The repor. made, and leave granted to sit
again.
BUsHwICK STREETS, ETC.
Mr.. O'BRRN reported the Bush wick street. and road
plan bill Ordered to a third reading
Several bills were reported, and then the House ad
journed.