New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1879-08-23
OBLIGATIONS or RAILROADS..

Yesterday.
The constant recurrence, III lncreas,nS h
ouency, of casualties upon railroads., i"'" -
nossencers OF persons crossing the track
warrants us in calling attention 10 the ~"
viov entertained of the obligations OF the
companies. The courts undoubtedly esV"la'"
these obligations much more stringentiy tnah
do the general public. The law intends that
the responsibilities shall be commensurate
with the privileges. These are extraordinary
Accordingly. while COrOner's Juries. the Press
and unhurt citizens generally are submitting
nlacidly TO daily narratives of fatal accidents
and collisions. as If no one had any especial
responsibility or duty about them, the law or
the land is very clear in holding directors
and managers to severe standard. To en-
force the law would soon produce reform.
Because of the sacrifice and risk which the
community incurs, in permitting the Dulldlhg
of a road, the courts hold the companies To
high degree of care, skill and hOerallty OF
expenditure. Directors and officers must use
the utmost foresight, attention and skill to-
ward their passengers in all the arrangements
of the road. Taking ordinary care such as Is
required of an artisan, merchant or doc
tor, is not enough :. they must take the best
care.
The courts are frequently heard declaring
this duty, in terms more stringent than the
general public are aware. The entire road,
its track, bridges, switches, and all must be
constructed In the safest and best manner
according to the demands of travel. An Eng
hshman was travelling in train upon a rail-
way bridge across the River Dee, when the
bridge fell In and he was badly hurt In
answer to his SUIT for damages, the company
did not dispute that the bridge was weakly
built, but they said that this was no fault OF
the company it had employed an eminent
engineer and given him all facilities, and the
fault was his if the bridge was not strong
enough. The Judges said this was no defence;
the company was bound to have safe
bridge. The engines, moreover, must be In all
respects well constructed, the cars sound and
strong, and both equipped with the most APP
proved appliances for securing safety OF trav-
oilers; having poor brakes, or not enough of
them, has been several times rebuked. The
timetable, and hours of running trains
must be judiciOusly planned so as to avoid nsk
of collision. On the Harlem Railroad the trains
were, at one date. so timed that the afternoon
accommodation train from New-lOrk should
pass Mount Vernon just one minute earlier than
the express train for New-YOrk. There were
O double track, proper switches, careful rules
and regulations no fault was proved against
the management except the fact that only one
minute was allowed between the trains. One
day when the accommodation train was per-
haps O fraction OF O minute late, an elderly
man, infirm and partly blind, who was pas
senger by the accommodation to Mount vernon,
did not see that the express was dashlng up
as he stepped from his car, and he was run
over and killed. The court said that 1t was
gross negligence for the company to arrange It's
timetable so that within a minute OF the
arrival of one train at a station another should
pass at full speed, with no special arrange
ment made to protect travellers for all ex-
perience shows that trains cannot be run to
meet the precise instant appointed. And the
passengers widow recovered $4,000.
Moreover, skilful, faithful and temperate
men must be hired for conductors, engineers
and brakemen; it will not do to keep drunk
ard in employ after the Superintendent learns
his habits and each of these must discharge
his duties with skill and good judgment, even
if novel and difficult circumstances arise. AT
a station on a Western railroad where good
deal of corn was taken on the trains, 1t was
such common thing for small quantities to
be spilled on the track, that the COWS of
the neighborhOod were wont TO loiter near by,
watching for chances to get mouthtul. No
Waterman was employed to drive them away,
and the consequence was that train ran over
n COW, car was thrown off the track and
turned upside down, and a passenger within
,,.as EodIx HINT Tho raaults an far u tho cntv
was concerned have not been recorded, but
the passenger brought a suit, and the Court
said he was entitled to recover, because the
company had neglected plain duty to keep a
Waterman at that spot.
A boiler-bursting case which occurred In
Chicago, about twelve years ago, illustrates
both the strict duty of providing perfectly
safe means of travel, and also another aspect
of this topic-hOW the courts deal with cases
where the cause of the disaster is not at first
known. An engine standing on the track in
the depot burst its boiler, and a man who was
lust entering to buy ticket and take the train
was thrown down and bruised SO that paraly-
Sis resulted. He did not know what defects
i'm the boiler caused the explosion, aud the
companys men would not give him informa-
ton SO his lawyers decided on bringing an
action founded merely on the fact that the
boiler burst. The companys counsel argued
that thus was not sufficient ground; the in
iured man must show some defect in the
making or management of the engine. But
the Court decided this against the company.
They said that such a company is only free
from liability after il has taken all precautions
has employed skllful persons, provided sound
.,A oil
tests to prevent defects. Manufacturing iron
into a boiler is IA scientific process, and there
are tests for aSceltaning whether the iron is