The Elk County advocate. [volume] (Ridgway, Pa.) 1868-1883, 1880-01-22
Republican eationau Ticket fer 1850
Liability for Accidental Deaths.
Railway World.1

AillpDS tlle UCClSlOnS TellueTcu DN
the Supreme Court, on January 9Th,
was one of considerable interest and
Importance, as it fixes the limit of the
liability of the Pennsylvania Rail-
road Company for death resulting
from accident on the road.
Mary A. Iangdon, for herself and
her children, brought suit for $4,000
damages for the death of her husband
against the Pennsylvania Railroad
Company, operating the Western
Pennsylvania Railroad, and got
verdict for IS, 7l2. 80 in Common Pleas
Court Mol, of Allegheny county.
The undisputed facts of the case are
as follows; Stephen Langdon was an
employee of the company defendant,
but was not engaged on the Western
pennsylvania Railroad, where the ac-
cident occurred. He was inspector of
locomotives at the outer depot, at
Pittsburgh. The depot had been
burned by the rioters the day before
the accident occurred. He lived on
the line of the Western Peunsylva-
MIA Railroad, few miles out of the
city, and was in the habit of riding to
and from his home daily on a com
mutation ticket, such as is usually
sold to passengers. AT the time of his
death he was riding in the baggage
car. While Langdon was sitting in
the hlpOatrn pnr aud Of l1 -,
had left Sharpsburg it collided with
the mail train, injuring him so severely
that he died in q few hours. If he
had been in the smoking car or any of
the passenger cars he would not have
been injured.
The part of the decision of the
most general interest was on a point
raised by the company's counsel which
was refused by the court below. They
claimed that as the company had
never accepted the benefit of any leg-
islatiOn under the pew constitution
that i'll no event could there be a re.
coVery greater than the sum of $4,000,
because of the acceptance by the COM
pany of the act of April 4th, 1868.
The Supreme Conrt, Mr.. Justice
Turnkey dissenting, say that the
court below erred in refusing this
point. The following is the substance
OF the decision on this point
The second section of the act of 4th
April, 1868, limits the amount to be
recovered i'll actions against railroad
companies and common carriers for
negligence to SO 900 for injuries and
$4,000 i'll case of death. The consti-
tutlonolity of that act, so far as it
limits the liability case of death, was
confirmed by the Supreme Court in
the case of the Cleveland and Pitts
burgh Railroad Co. as. Rowan. The
act has never been repealed by the
legislature. 1t was contended, how
ever, that it has been repealed by
section q of article 8, of the consti-
tuition, which is as foliows:-
No act of the general assembly shall limit
the amount TO be recovered for injury or in
Juries to persons or property; and in case OF
death nom such injuries the right of action
shall survive, and the general Assembly shall
prescribe for whose benefit such action shall
be prosecuted No act shall prescribe any
limitations Of time within which suits may
be brought against corporations for injuries
10 persons or property, or for other causes
different from those fixed by general laws
regulating actions against natural persons
and such acts now existing are avoided
The first portion of this section ends
with period and is complete in itself.
1t has no reference to corporations as
distinguished from natural persons,
ana imposes restriction upon the
power of the legislature to limit the
amount to be recovered in eases of
injuries or death. 1t speaks for the
| future only and avoids no existing
acts. The second part of the section
prohibits any limitations of time
within which actions for such causes
shall be brought against corporations
other than those fixed by general laws,
and avoids all such existing acts.
That is to say, it avoids all existing
laws imposing limitations upon the
time of bringing suit other than those
in harmony with general laws. This
is the plain reading of the section.
The act of 1868 is not such an act. II
3relates, not to the time of bringing
suit, but to the amount to be recovered.
Aside from this the fourth section OF
the act of 1868 provides that upon
the acceptance of the provisions
hereof by any carrier or corporation
the same shall become part of its act
Df Incorporation" 1t was in evidence
that the defendant company had fer.
|mally accepted the provisions of the
act of 1868 so that, at the time of the
adoption of the constitution, the pro-
visions of said act limiting the
amount to be recovered in the case of
death to $4,000 was part of the charter
pf the company. The effect of the
constitution upon the charters exist
ng at the time of its passage had been
before the court in the case of HAYS as.
he Commonwealth, when it. was de-
ided that charters of private corpora.
ions are left exactly as the new con-
titution found them, and so they
lust remain until the companies
olding them shall enter into a new
DntraCt with the State bv acceutin,,