The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-05-21


IMPORTANT SUIT AGAINST THE NEW HAVEN RAIL
ROAD CoAPASY-HBAvY DAMAGES CLAIMED
RAILROAD LIABILITY FOR DEATH.
(F,on the Hartford Times, May 1911
FREQUENT allusion has been made by the New York
to the Of laws adequate to roach the late
railroad disaster At Nor~, BY allowing damage. to
NEv York HERALD Of the 18th nst remarks a. follows on
the subject. . ,.., ,
Eve twenty thousand dollars may be secured for
the accidental Gripping Of passenger on .AlrSaa,
sole dependence for daily bread was their husband
sns crowned waS in Ss PRISON Of
strange say that for them there 10 no INDEMNIFY no
The other editors OF that city appear to labor under
the impression with regard 10 the absence OF All
legislation adequate to meet this But the imeres.
sion is altogether mistaken one. they viii turn 10
the public statutes Of their state enacted during the
session. Of ls47 and 1s49 they will find that laws were
passed for the express purpose OK providing redress anu
damages for the relatives of persons killed by railroad
steamboat or other casualties The statute enacted IN
killed die in consequence Of the default negligence Of
any person corporation che widow next of kin who sur
poraton in the way in which the injured persons
might have sued for damages their injuries had not
proved mortal The statute OF ls4s is similar TO the
restricts the amount to be recovered, in
Of death. to sum not exceeding .toe tou.and
dollars The object in thus modifying the statute Of l847
guard against those vndicve and DANA
ges which u,es, under the influence of passion, in
asmed by The artful appeals Of advocates will sometimes
give This restriction Win save the New York and New
Haven ComIany-provided they are adjuagsd to have
been guilty Of want OF due csrsmsny 'nSussnH COL
PHI cisns and others would have cost them $1,000 or
$40 900 each.
der this statute there has been any negligence in MT
providing sufficient safeguards-for the contract
psssge having been made new ana tns
ton there is question that they abs to be sued
under New York laws for deaths just as they have been
sued there for upon their road
in Connecticuhe remedy being civil one and therefore
not like criminal action, restricted as to the locality Of
the suit If the facts to at Norwalk true It is
certain that the managers Of this soration did not
take due of the most dangerous place their ne
and are therefore liable to pay TO the kindred o. ell the
dead the full amount allowed by the New York salute.
This Law was enacted for the purpose OF meeting de-
feet IN the common law which, absurdly enough allows
heavy damages TO be recovered for injuries but for the
greatest Of all Injuries, death absolutely refuses all
dress or compensation. This is one OF the many hum
bugs too closely copied BY American judges from the
tha squise legal absurdity 1t has been caeaper for
railrc and steamboats, to kill thousand passengers
than to wound This gsfing defect in the common
law has been recently remsdied in Massachusetts, and
New York, and two other States, by statutory
enactmeDts to which all corporations belonging wholly
in part, TO either Of those States, amenabe.
We should add perhaps, that the New York statute
expressly provides that the benefit of all damages
This would probably not allow action to be sustained
for the benefit Of creditors of the deceased Of in
surance companies The relations Of those whose lives
were insured are entitled to all damages which may be
recovered as well as to their insurance.
In Connecticut, also there statute which meets this
case though very few of the legal profession
been of existence owing the fact that since
its age no previous has occurred for its appca
ton and equenty their attention has not been
calkd to it. It enacted at the session of 1885, and is
substantially in the owing words
Actions for injury the person. pheter such injury
suit in death shall surcve to the admin
strator provided not more than eapsc between
the injury and death and provided also the Of action
shall have occurred subsequently TO June r. ls48.
No person has heretofore had occasion to bring
tion under this statute but it is manifest that its plain
construction authorizes the executors Of
any person injured killed through the neglect de-
fault Of leroa corporation TO recover damages,
and without any restriction to the amount Under
the New York statute the damages recovered against
the New York and New Haven Company, for those who
werekilled at Norwak, (provided they liable at a)
would amount to 1855 COO and the damages for injuries
10 and destruction Of property to $50 600 $780,
oC0 Under the statute Of Connecticut, the dam
for the dead might up to goo $500 O0o
Ne informed that suit has already been commenced
By The syicing relatives Of eminent deceased physician
for s25 GEO. and another Ly the friends Of Of Tie de-
ceased Boston passengers for 500 000 Such being the
state of the is evident that further legislation
is necessary far the money remedy is concerned.