Middletown transcript., 1873-09-06
Threatened Lawsuits.

A report is going the round Of the news.
papers that the p. W. h b. r. II. Co.
contemplate bringing suits against the Del
aware and Chesapeake Canal Company to
recover damages for the loss sustained BY
the former in the washing away Of the en-
baukment at the canal crossing and the
par rsial destruction Of their bridge, on the
ground that the dam breast of the feeder
to the canal at that place was very inse.
curcly built, and that, had the necessary
precautions been taken, the disaster might
have been avoided. Such a suit would
certainly bring about a nice state Of af.
fairs. In undertaking to recover damages
from the Canal Co. the II. II. Co. must
prove that the disaster WAS no, the result Of
an act Of Providence, but such an accident
as might, BY reasonable care, have been
prevented. Having established that point,
they will have succeeded in breaking down
a very strong defence to suits which would
at cnco be brought against them BY par.
ties who sus a;ned heavy losses in tho de.
cay Of fruit on the trains. &c. and there
are also some instances where suits would
be brought to recover damages to mill
dams, where the owners have substantial
evidence to prove that tho injury to their
property proceeded almost directly from
insufficient vent to water under the rail.
road embankment.
The wiser policy would be to look upon
it, q jury undoubtedly would. as an AZ.
Of super natural Power which could not
be foreseen and therefore could no. be pre-.
vented BY men. Such food never oc.
CURED here before. and in oil probability
may never occur again. Nothing is essie.
.haa to predict result after the result has
happened. and there arc . great many per-
sons who invariably say: II told you so !;
| knew how il would b." &e. Now we
do not believe that anybody ever antici.
pated such disaster ~ the recent food,
or had any idsa Of the damsgs tha. sueh q
food would occasion. The canal embauk.
meu.s and mill.dsms we're supposed amply
sufficient, iu strength. to Withstand any
amount Of water force that might be
brought against them. yet they all gave
wy before the Onslaught Of the recent ex-
traordiuary Aood. ssd the railroad aad
cou Dty eulvsrss. which we're though. large
enough to give vent to the larses. quansi-
ties Of water. we're found TOO small to car.
y % the rssistless torrent and went down
before il.
The bringing Of lawsuits in this case
bad better BE- lot alone. Once commenced
there is no such thing - telling wbsrs
they would end. until msss Of intricate
causes wosld b. brossht into the courts,
wbieh. while they would b very nice and
lucrative 10 the lawyers. would b. naush'
but . mass Of worriment, trouble and sx.
pspss 70 the clients who would probably
gain less In damsgss than they would los.
in costs. Instead Of going 10 Law with
doubtless chances al success. Il wsuld b,
tsr better for railrosds. canals, counties
husdrsds. mill swssrs ssd others to lsarr
tha lessen taught them BY The storm. asi
- ws have 10 more gsssastss for The ID
tuss than ve bed Sos tho past. make sscl
preparations Sos the fssurs that ws will 10
b. caught 70 asais. Let oil The eulvsrt
thst we're washed out b made - large q
shsy possibly sss ~, Il 70 bettss 70 hsv'
sbsm TOO large ttss 100 small; and let II
eanal basks asd uill.dsas b. msas .
sstcsg . possible. and then II sssths
assd ssass. perhaps tts dsasss ~
70 bs6sy.