Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-03-20

OF Tennessee, delivered at knoxville, a
September Term, 1855.
EAst Tennessee and Georgia Railroad Company g. Arthur st
John.
st John tued ,ss Railroad Comp by for running
over sad killing his slave stou GIT years cd and
recovered damages to be Of 1862 49,
III re is no Controversy as 10 lhr fact but the le
fst relied up 4, is, that the Gu circumstances we're
nos such as u make the company liable fer danla
ges Objection is taken 70 ne charge of the court
il TIL, That It tue duty Of ths sazineer 10 uss
ihs Utn0sl and ski iRthe discharge If his dufy
by yigani and careful OK out tor objects on the
track, 10 Glow the wins e and check e eed when
necessary protect life and proreriy: that if injury
could have been avoided by the utmost care and
skill, by careful az ygilant lOokou; for obies
ahead by giving proper signals, or By checking
speed, the defendants would be liable fer he yaI
Of the body" Aud further "that il the ioiurv
was received ~ Iunnirg the too great speed
al that particular point the road, that would be
sGch negl geaee would render the defend lats LA
be ia damages" That il the negro boy was seen
or might have been discover d. If the engineer had
kept vigiiant look out for objects ahead on the
track, in lime 10 bis lie by checking speed or
blowing the whistle, this would be such neglig nee
as to maze the company liable The eourl refused
! to charge as requested BY defendants counsel 10
the effect that in order TO make the company liable
II must be made 10 appear tba, the negro and his
uasier .exe-c sed the utmost care aud vigilance ia
r.
tier his mister must do il and The failure 20 Go 30
was "grOss AID iuexeusable negl gence," m that
in this nc plaintiff was generally ne syasser
and net entitlel to Bat The court refused
| TO charge except as above a.cd We are 81 aware
that there much discrepancy in the railroad cas-
OF The derent States AID still The prineipl,s Ct
Law which should govern than being derived f.Om
The sauie sources, I would seem should be ubiiorm
| enl perhaps woud be more nearly SO, but fo- the
s'a,' torS changes EhicahlVe been made by The
! et2l Sta es
Z The policy Of cur own decisions has been, SO far
as ecnsis;sn with the safety Of lite AMI property
( 10 encourage pfo.sct tits mos; grand AZ use
/ fal Improvement Of tbe age Eat the e-nssq tsa,e
OF esrslsssu IS ard Wast Of 20 skill ia their man,
( agemsnt ~ igh ful aud appalling that tie
n 81 s'Tc' ana rigid rules Of accoun atiniy mus Re
I applet, waen ,h,re is asy dsrtlio ion o. day
Every rees nstie preesI,ion ml be used 10 pre-
eeut aecdsa's aid injury to Others, the peril #
stTl't asd AM l. accountability They euj y Almost
I a moaopeiy ia Inc bs>ius Of common carriers
6herJvtr they exist, bo4 petsaIs ard proper
~ EecIssi'y 10 ron q them is INFO 81 upoa
al b. the c,r.um.iances OF tbs time; al CHER
mOdss ot travel sed ltars Citation have been su
PeTcedei by hi1 on nut ~ is greater ease aud
astonishing sped While DC hs enc baud the
eaur.s should protect thea With a strong arm
against unjust demands aUc injury 10 fher pr0psI-
~, which popular Fr'j Idee mag favor or inacs On
the other the security Of life aud properly requr,
that they should b. held to n sfic;. careful aad
skIllful performance Of AL The duties Imposed upon
them by law
All VII sgree, however, that in tie management
Of locomotives and iTaiHs, paw, rful for mischief
as we'll as gOJd, the rules liability for The des-
true ion Of life or property, should DC such i'm
pose the duty Of very great care aud diligence on
me Iart Of these who control them In ad ION
u the general requirements Of The common that
reasonable care and Diligence shall be used cur
statutes prescribe come things that shall be dcuc
by them 10 avoid Injury TO others. By the art Of
1856, CO. "a, sec s, constant ard vigilsnt lock
OuL for objects the road shall be kept up, and
if any person, stock, other obstruction shall
appear on tie road II is made the duty Of the engi
neer TO blow The alarm whistle; to put down
the bresk', and use all necessary stop the
trains aud prevent The killing and rjuring Of per
sons, stock, or property. The 9th section makes
the company responsible for all damages aecruing
Or resulting from failure to perfo, said duiy.
The 10 section eXOnoretes Them from liability done
10 persons stock, CT other property their re.
spectIye reads ii they shall have implied With the
provisions Of this ac';" but the proof shall devolve
upon them.
This act was intended as modification Of he very
severe stature Of 1888 ca SO by Ehich they we're |
made liable al all eyens, and without regard 20 the
care and pIeeau ions usei By them. Without refer
eHee, then, 20 The general rules OF law IBIS sub
ject, these statutes TO hsYe settled the Of
liability in reference 10 all cases Ike the before
US. But his occurred before the act Of 1856 and /
.
law; and upon either re think the veId c iigh /
10 such his Thick q not too strong TO
require toe utmost care and diligence, as charged /
by the Court
The negro boy of the plaintiff vas asleep upon /
he road a. a w4fer sap, could have been seen I
quarter Of q mile before tbs place was reached b.
h locomotive, but at irst su posed 10 b. a coat
Of one of the repair HANDS, but ;heH ca q nearer 1
approach was d severed 10 be person, and no sig
IL or alarm wss given or auy attempt 10 cheek /
- f.HfH
moving At rapid speed. Blu; according 70 s;hed- /
ue that of the ROAD. he excuse relied no.
for not aJOItiug the meaus necessary TO avoid the
DISRUPTION Of life end property, is ii at they would
have been Toe ffC a on Of their prJxImiy
to The OH let, when they discovered what il vas
The Law -pPli1d the facts Of this case make DO
such exeep ion, zone such should be made. The
sound Of tie whistle nigh have aroused the b Y I
from sleep, aad by lie en- eking Of sped upon let
ing down the T AXIS, he m ghs have saved himself
in instant by falling into the dich az the slusl /
gap where he las lying, dasai1g of the road on
Ell her side. But, whether he wound or could have
done so, is not tie question their duty Was the
same, whether he wound have escaped or 10 (; o. [
ia It they not 10 be the judges the ipjunctious
of The law upon them were psIeniptory Toe cjnse
4uence Of disregsrdDg Ii is legal outy is uncan
u ionaI liability for the damage done this sort cf
case. Tie defendants then, cannot complain q, the
.ha gs Of the court, for il vas ceTt.in not too /
stroug ssiast them Though 81 rules ofliabli |
y may Eoz be precisely laid down, YET toe insirue
ii rs gwen are al least sufficiently favorable the
4efendaais. Tie duty epjoned by the sia-ute is
piain and easy and much better for these compsnIrs
han The less eerIan rules Of the eOmmob laE, DO
Toading on skill and diligence and care for exeneT
atien, or certain degrees Of vigilance FOR hstity.
Bat by either, the charge aad judgment are ri2ht
Fbese pan aud aFbtrsry rule laid down by lie
begi-ia ure on this suhjec will free /, case
alnbg under the statute fr I'm the difficulty Of recon
cling the oB,ctive dscis CT other States,
tering upon e doctrine Of exsusitOry defence pre-
seD,ed 10 TIE application made 10 he By ib'
defendants counsel for instructions 10 ne jury 81
which therefore properly refused II the quts-
ticl pres. ed in he instructions asked ar0seIu tae
case, the authorities relied upon would be exsmin-
ed Bot they do not, q child eight years old and
asleep tn IT. could not be charged with negligence
hough possessed Of reason. vohdOn and power o
locomotOn. The principle insisted upon Is correct
that gligence and want Of proper care the part