The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-10-02
Liun,iity Of Exiiru.d Compasies

fFso1s he Po,shseessie TsisS.sph ssss. n
At the present term of the Oyer end Terminer for
this county judge BarcuIo called the attention oth
grand jury t. the frequent collisions an loss of life
upon our rsiruads, ana laid down the following L.
gal vToposlops ia regard TO the criminal liability Of
the various sgeGts.
|. That the engineers, conductors, aud other per-
sons, through Whose negligence xant Of care
human life Is destroyed are individually liable to IN
dicment aud puni' hment under the revised statutes,
which declare that every killing Of . humao btthy
by the act procurement Or cupahle negligence Of
another, when such killing is not 1stifable or excu
sable is msnslaughter OF murder. They may also
be indicted under the act passed Decenbc Is, 1897
as amended April 1919, which provides that every
agent, engineer, conductor, other persons in the
employ OF such company, or persons through whose
Wrongful act, neglect or default, the death Of per-
son s5al have been caused as AFORESAID, shall be IL
able to be indicted therefor, and upon conviction
thereof, may be sentenced to State Prison, not ex
ceeolng i've years, in county Jail not ex ceeins
ore year, or 70 pay fine not exceeding two hundred
and nifty dollars or both such fine and inprison.
ment.'
2 That the law con. emplates, and experience in
dcstes the necessity and propT-ty of rgldly enforc
lng the principle Ct personal Responsibility against
the individuals who, actusy sud directly, cause the
shocking catastIophes whoa have become SO alarm
ngly frequent.
3. That i'll Of collisions occurring by re son
OF one train or engine running ous II time, IL the
t'me q another rain the engineer being the person
WHO actually sets the train 10 motion, is prm ,Tlly
liable,
4. That the conductor may also become liable in
such cases, by cooperating with the engineer,
deiis him 10 proceed in properly; bat the orders Of
The conductor Of any other sill not Justify The Gu
lii eeI, protect him from the legal Consequences Of
running has engine Improperly.
5. That in matters where human life il involved,
there such things As prIuc oals or agents but
every lndsijrs must watch oTer his own conduct
and see that Is prudent and careful and he cannot
De permitted to fall back upon any authority q
f,va INN he da.t .,T
hufOan being.
&. That the time table furnished by the superin.
tendeht must govern all the inferior officers and
agents, who must strictly conform thereto in all
Respects, IN running toe trains, and whenever. by
devstipg thereIcn, All accident ocsurs, it is o:ca-
stoned by the wrongful act, neglect, default Of
all WHO participate IN causing such deviation.
Z. Ihat the engineers and conductors are bound
70 make Themselves well acquainted with the time
taoc end to adhere to it, arrangements until they
have auh Dtic information that i, has been altered
or susp ended.
s. That Wien an engineer is required to run an
engine only from one part OF the road ~ another 1t
is his duty to do it Us to AVOID al the regular
trains; ard n that he finds it is impossible TO
reach the next station before train is due there he
should switch bis engine of from the track, and
wait until the expected train has passed.
3. That Ia the case Of the recent collision on the
Hudson River Railroad, the engineer who came up
from New Hamburg rs to reach Poughkeepsie
ie~ minutes after four O'Clock, knowing that regu-
lar tram len Pougtkeepse at shat Aour, guilty
OF negS ence In thus running upon the track, and In
the time Of the Pouchkeepse train, unless lie had
received reliable information fran tn ose In authority
at tie PcuRhkeepsie station that the POUCH keepsie
train would wait for him. in which case the respon-
sibity Of the COLLATION. will fall on those who gave
sIIah Information.
10, That considering the great responsibility Of
Their positions, and tho awful consequences OF do
psrture from safe course. the Law must exact fro
those who have the control and mana gemest Of pas
senger tIains the utmost skill care and diligence.