New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-09-30
LIABILITY OF RAILROADS.


H., Tn. Poushkeepsie Telegraph Of Tue.dsy
-. nyssent term Of the Over and Termner for
q cnnnt,. Judge Barculo called the attention OF me
49, Jury TO the frequent collisions ana loss o, ne
u our Railroads, and laid down the following iegai
pP.,ops IN regard 10 the criminal liability OF the
ssrous agents ...auo..,s and other ner.on,
. - whose negligence or want OF care human lie IS
tsS are isdtUidaoHy liable to Indictment ana pun
osf''v der the Revised Statutes which declares tha
b Filling Of human being by the act procurement
oaS,,she negligence Of another, when such killing Is
"@es'l.;Sshe on excusabe" s manslaugher or murder
s, NAV also b. indicted under the act passed zee. 10
JDy seconded April T. 1s4e, which provides that every
-, 100 engineer conductor, or other person IN me en-
- n such company persons through whose wrong
Xxi set neglect or defsult the destn OF person sna
ecsnsed a. aforesaid, shall be liable 70 De IN
5r.s sbsyefor and upon conviction thereof may DC
osesd 10 a State Prison not exceeding nve years
- Tnun.v Jail not exceeding one year, or 70 pay me
- exceeding two hundred and fifty dollars or oO'n 'uon
eDs s bs law contemplates and experience indicates
a. 'ssssity and propreiy Of rgdly enforcing the Prn
-, N ,,ysosol responsibility, against the individuals
VIZ VIZ rbsh have become 20 alarmingly frequent
That In case Of collisions occurring by reason OF one
-. 80 engine running out Of time or in the time oil an
other train the engineer being the person WHO Se' '"'
train in motion, il primarily liable. I'LL, :. .h
Tbss he conductor may also become Maple 10 sucn
,.,es by generating with the engineer or ordering nun
rroceed improperly but the orders OF the conductor VI
a euy other will not JUSTIFY tie thSn'ci VI P'oVo -
rom the legal consequences OF running MS eng PP
.rly. -. ,.o &; ;,,,olved ,hare
u 10 such things as principals or agents ou. eyefy
sAn, mnst watch over his conduct and see thai
urudent and careful and he cannot be permitted 70
IN bsok upon any authority as justification or excuse
for causing the death Of human being
THAT fhe time table" furnished by the Superintend
- u Govern all the inferior officers and agents wno
.s sricy conform thereto in all respects in running the
trains and whenever by deyiatng therefrom an accident
ocpr, i occasoned by the wrongful act neglect or
desal Of oil who participate in causing such deviation
\ That the Engineers and Conductors are bound 10
male themselves well acquainted with the time table,
nd 10 adhere 10 s arrangements until they nave authen
se n,rnaiop that II has been altered or suspended
That when ON Engineer is required to run an engine
opy from one part OF the Road to another Is MS duty so
N as 10 avoid all the regular trains and in case that
he finds II is impossible to reach the next station before
sn due there he should switch his engine OIL from the
tr,ek and wait until the expected train has passed
That IN case Of the recent collision on the HUDSON
RIVER Railroad, the engineer who came up from New
Hamburg 80 a. to reach Poughkeepse few minutes after
Itelock knowing that regular train left Poughkeepse
that hour guilty Of negligence in thus running upon
IA Track and in the time of the POughkeepsle tram IN
rs he had received reliable information from those in
rboriiy at the Poughkeepse Station that the Plough
la1.ie train would wait for him in which case the re-
possibility of the collision will fall those who gave
afh Information ~ -
no. That considering the great responsibility OF their
sions acd the awful consequences of departure from
M course the law must exact from those who have the
orol and management of passenger trains, the utmost
ID care and diligence.