The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-09-03
Value or Llfe In Jersey, as Shown by the Late
Hallway Accident.

fall snort OF thirty. IL now remains 10 be
seen whether in the State of New Jersey thirty
persons can be put to death and some sixty
odd manned without legal consequences
In this State, and in civilized countries gene
rally, railway companies are held responsible
for loss of life by accident on their lines. Not
only can a family Of orphans obtain compcn-
sation for the murder OF their father, or a wife
for that of her husband, but in other cases
also, where the dependence Of the survivor on
the deceased is not SO obvious, similar claim
is sanctioned by law. 1t seems to be doubtful
whether such is the law of New Jersey. 1t is
said that some time ago, an effort was made to.
pass q bill in that State rendering railway
corporations and others civilly responsible for
the death of parties caused by their act; but
that the Camden and Amboy monopoly in
stantly crushed it out, and severely reprimand-
ed their lacqueys in the Legislature for having
ventured to propose such a measure. This
seems likely enough. 1t would have shown
great want Of foresight in the railway COM
pany TO have allowed their dependents in the
Legislature to.declare, by statute, that railway
killing was murder As they knew very we'll
that their single track must be the cause Of
accidents, il would have cvinced gross negl-
gence to have tolerated an enactment for the
prevention or punishment Of such accidents.
The Camden and Amboy folks are not given
to err in this wise. We take it therefore that
the case is governed by the common law; at
which, as every one knows, the dependent is
entitled to claim pecuniary compensation for
the manslaughter by negligence of the person
on whom he depends. We trust that we shall
not violate the privacy Of sorrow, if we in
stance the case Of Mrs. Boyce and her surviv-
ing children, who, by the homicide of Major
Boyce, are d9Nrived Of their natural protector
and support. At common law, they arc en-
titled to recover from the company an amount
equal to that which the remaining years of the
late Major Boyce's life might have been WORTH
had he lived to the usual term of existence.
So of the dependents of the other deceased
Every child whose father has been killed has
a fight TO claim Of the company sum equal
to that which the father might reasonably
have spent on its education, support, and es-
tahlishmcnt in life. And here it may be said
that an important duty devolves upon the
friends Of the orphans ana widows whose mis-
fortunes are due to this disaster. The agents
Of the monopoly are on the alert. and it may
be taken for granted that they will strain every
| nerve to effect cheap compromise with the
| injured and bereaved. Doors will not exclude
| them from the house of mourning, nor viii one
rebuff drive them away. Ii watch is not kept,
| they will take advantage Of the distress Of mind
| of the company's creditors to worry them intoa
settlement. The poor-th friendless-whosc
| very daily bread has been taken away BY this az
| cident-will be brihcd into an acquttal Of the
| company. 1t is the sacred duty Of the friends
| Of the unfortunates to battle these projects. Let
tho company's agents be denied access TO the
widows, and the orphans, and the wounded
| let them he addressed to some lawyer of re-
| pute in whose hands their claims may be
| placed. 1t is understood that the Now Haven
| Railroad Company by employing shrewd M
| scrupulous agents, effected some remarkably
| cheap compromises with some OF the victims of
| the Norwalk disaster; obtaining release for
far less than jury would have granted. Let
| there be no such errors committed now. The
company cannot restore the life that Is lost, or
the face that is gone; but it can pay every
dollar that the deceased would ever have
earned, and il must not be forgiven single
mill.
Ultimately, OF course if the monopoly re-
fuses to pay, the cases must go before jury.
Deeply, poignantly do We regret to add that
, we cannot speak confidently of the result OF
such an appeal. Were the case to be tried in
. New York OF in New England or in the South
or in the West, il could be said cmphatically
that Justice would be done. The circumstances.
the enormously rich monopoly, the niggardly
refusal to build second track, the suicidal
order to the conductor, and the warning az
forded by the previous accident of August,
1858, when -four persons were killed and
twenty seriously injured would all be taken
into account. and verdict rendered which
would compensate the sufferers, so far as money
could. But the cases will be tried in New
Jersey and nothing 50 comforting can be said.
II is notorious that, so far as political move
ments are concerned the people Of the State
Of New Jersey are sold to the railway. Their
souls are moi their own. They elect Legisla-
ture nominated in part by the railway, end that
Legislature passes bills drafted to suit the rail-
, way. Can il be expected that these men will
evncc more independence in the discharge Of
their duty as iurymen? Can il he hoped that
| twelve men will be found in New Jersey to rem
der verdict against the railway? Those who
assume 90 know the Jerseys say that when the
cases come To trial the monopoly viii have sue
ceeded in binding the people 80 thoroughly chat
not verdict will be obtained They think chat
Ais more likely that the plaintiffs who have lost
a father or son, or a limb, will be east in tho
costs likewise, than that twelve Jcrseymcn eau
he found 10 condemn thor lord and master of
Camden and Amboy. And they ASSERT that
even Of this time the company's agents are