, 1873-08-26
Carpenter will vt rrcnvc nnl MORT higher honora
from thu poor1o Of Wisconsin.
Ginty, anothor eminont rooator, owned l,y
BoHa Koyos, inlorsos bnck-pay Carpenter il, tho
Ohippewa Ucratl-Darlin9io' 1ris.) Democrat
THE LIABILITY Of RAILROADS UNDEn THE
LAWS OF THE GERMAN EMPIRE,

10 the Ettitor At The Chicago Tri1unc:
Bsn: Although tho public preBs OF Chicago
seems to differ ao1nowllnt aa to tn degree Of
blasno to bo attributed to tho nlauagorH Of tho
Chicago l. Alton Rnilrond Company with rc.or-
once to tho causoa Of tho recent horrible casunl
ty at Lomont all tho Journals Soon tn ngreo that
Legislation upon tho aubjcct of railroads haa 10
INT boon sadly dofectivo md totally inadequate |
TO protect. ovon to moderate oxtont, tho life |
mud Bafoty OF tho travelling public. On this quoa
lion Of railroad legislation, no may possibly |
profit by tho experience bud example Of foreign |
nations. Though 1t Inns boon proclaimed |
in tho high places OF our Republic that tho
inter ii, in progressive direction, tho
guiding-stnr Of all tho civilized nations
Of tho globo," It is barely possible that
aofno measures Of government and provisions Of
law o1iet In tho nonarchical countries Of tho
Old World which, az 4 guard md Bhiold of tho
lilo Of tho individual otizon agninst tho ayarico
aud criminal negligence Of corporations, may do
eorvo passing consideration at tho han1s Of
Republican legislators. Inn aware Of tho preju-
dico against tho Introduction of oil foreign laws
md customs, md a1n therefore, fully prepared
shat, on citing tho laws of tho German Empire
upon tho subject Of railroads Us worthy Of imtuI-
ton, tho old cry will bo rntsod, TINT thoao onact-
monta aro incompatible with tic spirit Of our in
atisutionB, md 30 tyrannical aud oppressive 10
injurious to tho Development OF public outor-
prlHe, that, as FREQ citizens Of FREQ country and
as inhabitants Of {" tho guiding-stnr" aforoaaid,
no oan mover consons to adopt them. Novortho-
loss, will mako tho venture.
Tho German Dict, on tho 7tl OF June, 1871,
passed tho following apocal Inv, defining tho
liability Of rairoads,
n nxgf1oK 5 l. I pcraon ia killed. 0. receives bodily
,n{nFy, y, t!hf9ngh tho management Of railroad, tito
chow airative1y TINT tho accident harpenod by lilo
set of God or through tho negligence Of the Killed Of
Tho preamble which WAS submit together
with this Inv, 10 tho German Dict, as woll a. the
debates which took place at tho time Of tho
passage OF tho law, form in addition to tho lam
guago Of tho lnw itseli tho basis OF ta construo-
tion; and from thoso I gather the following
points na to tho effect and meaning Of this SOC
ton:
Every injury which impairs tho health Of tho
porson calls for damages, though this injury be
only pBycfica, caused by fright aud terror ut
tho timo Of tho accident.
Tho torn railroads includes Rtrcot-railroads
upon which tho cara arc propelled by Aorso-
powor.
The prosecution noetl only prove tho accident,
and tho fact Of to injury or killing at tho time
Of tho accident, md liz not required to show duo
caro- on tho part Of tho party injured or killed.
nor negligence on tho part of tho management
Of tho railroad.
Thoro aro only two facts admissible in defense
on tho part of tho railroad, viz. that tho acci-
don't happened through yis major (act of God)
or through tho negligence Of tho person
Injured or killed. In oil other casos
tho Company or management is uucpndi-
ttonauy hnble. Ii, for instance, in spito Of
tho watchfnlneea OF tho railroad officials ali OBJ
structiou is n,a1icioualy placod upon tho track
and an accidont and injury to passengers take
place, the railroad is liable for damages; or if,
through the negligence Of driver, coach ia
driven acrosB tho track, and tho passengers of
tho coach aro injured by u collision with q rail-
road-tgain, tho railroad il also Liable. In tho
first instance, tho railroad il hold responsible
because tho managers should constantly in
spoct tho whole line Of the road and remove a!l
distractions; md, in tho Rocond ingtanco, tho
railroad would bo tnulct In damages bccauso it ia
required by law to guard NIL crossings with gatos,
and tho wllo1o limo Of the road with substantial
fences.
Eyon II tho accilont Ia originally caused by
tho act Of God, tho railroad fnay still be liable
for ita negligence 1nay bo concurrent with tho
wis naajor''; ant1 Tho burden Of proof is upon
tho railroad to show tho abgouce OF such negl,-
gonco, and tho fact tlat not only tho accident,
but also the injury, WaH tho insmetliatc conse-
quenco of tho not Of God. Thus, for Instance, If
train should bo sot Oil fro by lightning, tho rail-
roa is bold liable for injuries caugod by thin fro,
unloas 1t is ahowu that tho train WA immediately
stopped, end MI haste made to unlock tho pau-
senger-cars, and to facilitate tho uecape Of tho
passengers,
Tho non-obHcryance Of tho rr1cB Of tho Tail-
road Company cannot bo pleatct in tlofeuBo OF all
action brought by tho party injured, unless thia
non-observanco was tho direct and immediate
causo Of tllo injury. II passenger Rhonltl neg
cct or rofuso to pay his faro, tho railroad may,
novortlloess, DO Liable for injuries received by
him during tho trip.
The provisions Of the German law, M got forth
in tho othor SECTIONS Of te act cited, differ in 10
far from tho law Of this State az no n,aximum Of
damages III h1od In oil caBoa whoro tho parties
ltigant do not agree upon a cortaln amount
in full payment OF all damages claimed, tho
Court determines tho amount Of an annual or
monthly pension to bo paid by tho railroad to
the plaintiff; ind, in addition to this, flxos the
sum to bo paid for burial expenses, medical
treatment, loss Of wagos during illness, cto. up
to tho time Of the trial. This ponsion may bo Do
creased or incroasod by tho Court at any time,
according to the circumBtancos of each particu-
lar caso,-ln similar manner, I presume, to TINT
In which alimony III cases Of divorce ia coil.
trollod and its amount changed, hs circumstances
require, by tho courts OF this country.
1t seems MI IT thero was hardly q single pro-