Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1883-10-08
Lancaster Enicllipsnrcr.
Railroad Privileges.

The engine driver who ran down the
street car at the railroad crossing In
Philadelphia, and killed and wounded
It's occupants, will he held, under the
law as construed by our courts, not to
have been responsible for the accident.
Il is held that those who seek, afoot or
In ordinary vehicles, to cross railroad
track must exercise vigilance and care,
and that IL the approach of the train is
properly signalled by Its whistle, any
damage to those crossing lis track by
their failure to hear or observe is at
their own cost. In other words, the en-
gine has the right of way and those
crossing its path must take notice and
beware.
The question Is whether this doctrine
is the one which best construes the law
and whether, If so, the law properly
conserves the public interest. 1t must
be admitted that judicial construction
has heretofore favored railroad interests.
The idea has been that the railroad is a
great public convenience and that 1t
must be permitted to have its fullest
development and scope. Naturally at a
railroad crossing, the common road which
has existed for centuries, and its users,
would be invested with ancient rights
aud privileges which the new laid rail
road could not take away. But the
Legislature gave the railroad the right
to cross the common road at grade,
and the courts have construed this priv
ilege to give to the railroad trains the
right of way.
The Legislature undoubtedly madetEe
first mistake; for most persons now,
including railroad managers, will say
that railroads should not cross other
roads at grade. And have not the
courts gone too far entirely in putting
upon the people who Cross the railroads
the burthen of watching for the rushing
trains The courts have acted on the
idea that speed is necessary for the
trans and that it would not do to ham
per them by requiring them to slow
down at every road crossing so as tC
bring the train under such control that
it might be withheld from possible COLI.
sion with anything on the road.
But while it is true that speed is i'm
portant to railway trains, it is no more
important than the safety of the people
living in the land it traverses. TIE
fastest trains on the Pennsylvania rail
road are those which carry the paSst n
gers and goods through the state without
stopping fol the accommodation Of Penn
sylvauia people. Why should Pennsyl
vania permit this dangerous speed at the
cost of her people, when there is no ad
vantage to them ? Citizens Of New
Jersey are in worse plight great deal il
this regard than we are for New Jersey
is nothing but a highway of rails bearinG
many trains intended wholly for tn,
accommodation of the people of OtheI
states. Probably not day passes with
out the killing of some one in New Jer
sey at u railroad crossing. That condi
tion OF things in New Jersey is possible
because The railroads own the state. w
hope it is otherwise in Pennsylvania.
Weare not disposed to put unnecessar'
restrictions on railroads hutO we Gel
tiinly do thin k thai the crossing law a
interpretesdby our supreme court need
Reconsideration and correction. Rail
roads should be required in all case!
where possible, to pass over or unde
other roads; and where this is impraC
ticable and crossings at grade are per
mitted, the burthen of warning tn
users of the ancient roads, OF tn
comirg train, should be laid strict
upon the companies, which ca
readily meet the reSpOnsibilit
by putting watchmcn at the cross
ing and erecting safety gates, 1t j!
an outrageous and uncomfortable thinl
that the roads crossed by railroads shoul
be used by the citizen of the state at hi
peril. 1t is the duty of the state to pre-
tect him in his right to such free an
safe use of the highways as his father
Lad, and the newly invented railroad
which undertakes to enter upon tn
highway with dangerous engines a
peIilous speed, must be required to adop
every possible precaution to traverse
with the least danger and Inconvenience
to its ancient users, That would hav
been declared by Blackstone to be goo
law; and by everyone, but suprem
court judges and railroad officers, to b
good sense.