New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1881-08-15
R4ILROID CR0SSINGS.

The investigation into the casualty by which
Mrs. Faerber and Miss Holman were run over
ana Killed ut the crossing of the Staten Island
Railway and Scguine's Road should draw at
tcntlon to the relative duties of highway tray
oilers and managers Of trains in respect To the
caution to be used at crossings The rules
governing this subject have become within n
few years past much more definitely settled
than they formerly were
One rule, which may now be said 10 be es
tablisbed lis that persons driving in a vehicle
on highway, toward n point where they ex
pect to cross IA track, are bound to look and
listen for any train which may he approach
ing. The rights of highway travellers and of
the train, over the spot where the road
crosses the track are not equal. The
train has the right of way; and the
traveller must his senses to avoid
accident. If there are Instructions which pre-
vent his seeing, or OTHER sounds which prevent
ms hearing such fact may be partial excuse ::
but the traveller must take such care as cir
cumsiances admit, to detect danger, before he
ventures on the track. So many lawsuits of
persons injured at crossings are defeated by
proof of their neglect that it is evident thc
general pubhc do not properly understand the
duty; though common sense should have
that tie ladies drove upon the track without
looking or listening for the train. fine court.
will say that the neglect debars any action
against the company for damages
1t is no less the duty of the trainmen :,
give reasonable and usual signals. Formerly
what signals should be given was left 10 the
judgment of railroad managers: but for many
years past the States have deemed il necessary
TO prescribe them by law. In this State a law
passed III 1894, which we believe is still in
force, requires either IA bell or Il whistle TO be
rung or blown, beginning when the train
comes within eighty rods of the crossing. and
kept sounding until the train has crossed the
highway Some OF the States have more
stringent rules
Inc companies have sometimes underworld.
though without much Success, To mike those
statutes n shelter for rcmissness of their mon IN
giving signals For instance a highway trov-
eller was run over by II train backing. and Tho
company's lawyer argued that the law did not
require backing train TO sound bell or whistle.
The company had done all that the law reouired
and was not responsible. Bnt the Cont s,id
that the statute directing certain signals did NOT
excuse the company from the duty of pivin,r
others which were necessary for the puhlic
safely. Again, the companies have argued that
hcSicCCIS 10 give inc lawful signal EXPOSES the
delinquents to whatever fine or penaltv tba
statute declared, but forms no reason far allow.
ing the injured traveller 10 recover da,naoes
But the courts in late years incline to the onin-
ION that travellers on the highways have tbc
right to expect whatever signals are directed Inv
law, and are not i'll fault, when these are
omitted, for driving on the track in confidence
that no danger is impending. II inaliry shop,d
show that the ladies' listened for the beu ar
whistle, but neither was sounded n stron r. caao
Will be presented for requiring the companv to
pay damages to any person pecuniarily n loser
by either death.
The highway traveller in these cases is ot
great disadvantage in proving that the bell or
whistle not sounded. The trainmep are
apt to declare that it was; the traveller can
rarely say more than that he did not beor
1t. When the evidence is thus balanced tbe
law considers testimony even of few nersons
that signal was given rs better than that
OF several that it was not heard But tho
question must be left to jury, who will con-
slider all the circumstances; such rs that the
engineer is testifying, in effect, to exonerate
himself also, that signals, to be worth ,nv
thing, ought not only to be given, but shouId
be loud enough to be heard The Testimony of
persons in the neghborhood unconnected with
the train or the casualty that the signals were
or were not given is OF great Importance.
One version of the story is that tho ladies,
attention Was 40 mnch engTosscd by watching