Wyoming democrat. [volume] (Tunkhannock, Wyoming Co., Pa.) 1867-1940, 1868-05-06
TUNKIHANN0CK, WYOMING CO., PWEDNESDAY, MAY 1868 NO. 49,
The Liability Act.

The following act, which is of impor-
tance to railroad companies and the public
generally, was approved by the Governor
on the 4th inst
An Act relating to railroad companies and
common carriers, defining their liabili-
ties, and authorizing them to provide
means of ldemnity against loss of life
and personal injury.
Be 1t enacted, That when any person
shall sustain personal injury, or loss of life,
while lawfully engaged or employed on or
about the road, works, depots,and premises
of railroad company, or on or about any
train or car therein or thereon, Of which
company such person is not an employee /;
the right Of action and recovery in all such
cases against the company shall be such
only as would exist if anch person were an
em mployee. Provided, That this section shall
not apply to passengers.
Section 2. That in all actions now or here
after instituted against common carriers or
companies owning, operating, or using
railroad as public highway, wherein steam
or other motive power is used, to recover
for loss and damage sustained and arising
either from personal INJURIES or loss of life,
and for which, by law, such carrier or cor
poration could be held responsible, only
such compensation for loss and damage
shall be recovered as the evidence shall
clearly prove to have been pecuniarlly suf-
tered or sustained, not exceeding in case of
loss of life the sum of five thousand dol
| lars.
Section 8. That it shall be lawful for
such carrier or corporation to insure the
lives and persons of passengers against loss
or injury from accidental causes, and how
ever Happening, while in their charge, and
for that purpose to issue and sell to such
passengers applying for he..same, tickets or
policies of insurance, specifying the name
of the insured, the premium charged, the
particular trip or time covered by the poll
cy, and the amount insured, not exceeding
Except at the option of the said carrier or
corporation) the sum of twenty FIVE dollars
for each week of disability, for a period
not longer than twenty-six weeks, in case
Of personal injury, nor more than ten
thousand dollars in case of death, and all
premiums so received shall be kept sepa-
rate and apart from the other receipts of
said carrier or corporation, and shall not
be liable for any other claims, debts or de-
mands against such carrier or corporation
than those arising ont Of said policies, and
the amount of said premium ; and the Sc
curilies in which the same are invested for
the benefit and protection of such policy
holders shall be reported to the Auditor
General annually as part of the opera
tions of such carrier or corporation as Is
now provided for by the act entitled ian act
to require railroad companies to rake uni
form reports to the Auditor General" ap-
proved April 4th 1859 provided, never
thcless, that it shall be lawful for any such
carrier or corporation, in lieu of issuing
tickets as aforesaid, to keep on sale at their
ticket office the policies of insurance or in
demnlty against personal injury or death
resulting from accidental causes, issued By
insurance companies Incorporated for any
such purposes as shall have an actual bona
fde cash capital invested in securities ap-
proved by the Governor, State Treasurer,
and Auditor General of this Common
wealth of at least two hundred thousand
dollars provided that recovery upon
any policy issued or sold under the provis
ions of this act shall be no bar to a recov-
cry Under the provisions Of the second
section of this act.
Section A. That all acts or parts of acts
inconsistent herewith be and the same are
hereby repealed, and any provisions in the
acts Incorporating such common carriers or
corporations inconsistent herewith shall be
repealed upon the acceptance of the pro-
visions of this act by such carriers or cor
rorations, and upon the acceptance of the
provisions hereof by any carrier or corpor-
ation the same shall become part gifts
act of incorporation.