The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-01-30
Jersey City News.
Jtrsey CITY NcWs.
HUDSON COUNTY C0URT--rgRGEN TUNNEL PRESENT
ED AZ A PIHLIr NIISANCE


ED AS A PUBLIC NUISANCE.
Judge Ogden at the opening Of the January term OF
the Hudson County Ccart directed particular attention
OF the Grand Jury tho fact that several serious ac
dents had occurred in the Bergen Hill Tunnel within the
pas: ie. months The jury have made presentmen, In
which they say that they have become satisfied that
sufficient precautionary measures have not been
adopted by tho Erie Railway Company for protecting
from injury the thousands Of passengers who pass daily
that portion of Their road. Tcy have ascertaned
that least hundred heavily adcn trims daily
into the tunnel and that the business Of the two roads
the Morris and Essex and the Ero) Is constantly in
crcasing Two disastrous collisions hasc occurred there
recently between the trains Of the companies Will
have caused the destruction Of life and the loss OF limbs
From invest cations the jury sinced that tho
Erie Railway Company have not made those pru-
dental nIrangt mcnts for the constant common
OF tho tuinel which the safety and
lives Of passengers demand They therefore present that
sent used 80 he public nuisance ard annoyance to
great public III hway, over which they have an cxcu-
made dangerous to those who are compsid by The ne
ties OF business to trust Themselves within the graf
tloIo, ghare" The jury &c omp'ny ,acr presentm.nt
with conclusions drawn from observations and the Know
ledge obtained la prosecuting the inquiries
Frst-That mnrte, and, - far Is can be devised,
perfect system should be esab shed published and OBJ
served for the government Of the two companies, which
will prevent tho possib ty Of collisions danas by
tw traiIs be beng NJ within tho tunnel a. ne same time
telegraph line should be estabi he'd from end
Of tie tunnel tn other VIII ch should be placed Ia the
charge vigant and experienced operators both night
ana day 50 that the entrance and exit every train can
be readily communicated.
Taird-Active and skilful switohmen should be
SANITY stationed at the ches constructed at each end
Of the tunnel for passing tho Morris end Essex from and
upon their own la
faWss-That the Legislature should be memoralized
to pass penal statute FOR the punishment VI those who
by rccklcssness carelessn SIS or unskifnness shall be
Instrumental Ia causing serious personal inry to pas
scngors the trains. Ii public right or ndiv dual
safety both require IT, law should be passed for the
protection o. those interested which might bring within
u p naty the superintendent, oxecut VIC officers aud
agents OF the several railway companies by wnose care
lsness ncapac in Euperint n1ng and conducting
their mi road in MANAGING thor engines, the life OF
individual shall hereafter be destroyed
The jury nr.hey say: An act passed In 1S4S pro-
vdng for tho penalty Of pccuniary damages for the ia
mily Of person killed by the wrongful act, neglect or
default Of anoshr; but It creates panaiiy for tho
public wrong; the common. law upon tn, subject OF
homicide reach with It's penalty any individuals
who connected with trains viii h lately coll died.
and caused the death OF passenger in tho Morris and
Essex train.
They recommend that como general statutory provi-
sions required fixing the liabilities Of tho several
companies and as for ensrrg tho safety Of the travel
ling public Oh this part Of tho Eric Railway As a.
present managed il is 'the valley OF Tie shadow of
DEATH. But under the influence OF stringent law regu
latons would be adopted which would mao the tunnel
safe for transit any other portion of the road.