The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-06-18
The New York Railroad Accident Law.

We had, yesterday, the pleasure Of presenting
to the public another valuable legislative docu-
ment-thc report of the special committee on
The subject has occupied so much of our space
Of late, that we can only now offer few brief
remarks. The bill deserves support. Many of
its provisions are sound and judicious those
which we deem faulty are only defective not
injurious, and the deficiencies can be sup
piled at future period.
In the first place, it empowers the State engi-
neer to require Of all railroad companies such
information respecting their lines as he may
deem necessary, and imposes heavy fine in
case Of neglect. This provision is obviously
sound, and has long been called for.
1t authorizes railroad corporations to pass
such further bylaws as they may deem essen
tial for the public safety, and to enforce their
observance by the imposition Of fines not ex-
ceeding 500. To this enactment we urge no
objection. Confdng legislative powers to pri-
vate corporations is always delicate matter;
ponding responsibility, we cannot but applaud
it.
1t pronounces the fact of a collision, or other
accident or misadventure, to be presumptive
evidence of negligence on the part of the
company on whose line the accident occurred;
and throws the onus of proving the contrary
on them. Actions for damages for injuries in
ficted by any such accident, are to take prece-
dence Of all other causes. Ordinary neglect of
duty on the part Of any conductor, engine
man, fireman, brakeman switchman. signal
man, fagman, or drawbridge tender" it de-
clares misdemeanor, punishable by fine and
imprisonment and requires the company to
sue the offending officer. Intoxication, or
gross or wilful misconduct OF negligence" on
the part Of any Of the above-named officials
when followed by loss of life or limb-it pro-
nounces felony, punishable by Imprisonment in
the State prison, for not moro than ten years.
These are the main, in fact, the only provisions,
by which the new law proposes to avenge rail
way victims, on negligent railway proprietors.
So far as they go, they are satisfactory, and
have been frequently advocated in the columns
Of this journal. But do they go far enough? Is
it enough that the negligent engineer be SEN
fenced to the State prison, while the President
or superintendent who appointed him, under
whose orders he acts, and who is really the re.
sponsible party, escapes scot-free? Why this
deviation from the common law which renders
every man liable Tor the faults of his servant |?
The present law, which remains in force, except
in those parts conflicting with this new BILL per-
h, in fha orip IF hn I uIat
GENTLY covers these points. We do not ask that
the President and Directors be declared felons,
but we do think that their earnest, constant
and anxious superintendent of their road, by
one or more Of them in person, should be Sc
cured by something more to the point than
an obligation to dsprove negligence, under
penalty OF paying their share of damages to
parties injured. The committee say in their
report that it is g the interest" Of directors
and managers to avoid accidents. True, it
must be very annoying to be called a murderer
in every morning paper for week. But when
this is counterbalanced against an economy
Of several thousands year in signal-men,
brakemen bridges, and axes, the " interest," is
wofully diminished More than one director
prefers economical ignominy to expensive re-
| spect. At least, SO say statistics. One hun
| dred and sixty-two deaths in one year. on some
| two thousand miles of railway in this State,
are singular commentary on Nr. Taylor's
| theory Of " interest Nor arc the pro sons
Of the new law prescribing signal Al draw
bridges, requiring oae brakeman 70 bo app5int-
ed TO each car, specifying The rate q which
cars may travel, disqualifying men Who use
intoxicating liquors from employment on rail
| ways, &C., less strnSingly at variance with the
| notion. If The interests OF directors be so di-
rectly opposed to accidents that they need not
be lie ID personally responsible ior their occus