Savannah morning news. [volume] (Savannah) 1868-1887, 1883-09-04
Important Railroad Legislation.

Correspondence Of the Morning Yeacs.
ATLANTA, Sept. Hon. Thomas E.
Watson, of McDuffie, addressed the House
as follows to-day in presenting his bills
to counteract the effect of Justice HALLS
decision:
mir. SPEAKER: For the first time
since | have been in the Legislature. l
ask the suspension of the rules. On
Wednesday last Judge Hall, of the Su-
preme Court. delivered decision in the
case of Crimson VS.. Central Railroad
Company, which contains a new princi-
pie in Georgia law, fraught with the great
est Importance to her people. In the fifth
head note of that decision he announces
that party who goes upon a railroads
right of way is trespasser, and the COM
pany is not held to the same accountable
Nv for injuries done him as for injuries
done those who have an express right to
be there.
'sThis is such new departure in our
law that it has excited criticism from all
who have read it, and Chief Justice Jack
son l say it to his honor, IN clear, ex-
plicit terms, has disavOwed any concur
renee in that opinion.
Sir if this idea of judge Hall becomes
fixed in our reports, it Will become almost
an impOssibility to recover damages for
any injury done by a railroad train. 1t
makes their right-Of-way cOnsecrated
ground, and the moment you put your foot
there you are trespasser! 1t is not nee
essary that you should interfere with their
franchises, nor is it necessary that you
should damage or abuse their property;
but the mere fact that you have gone
there peacefully, as you have the right to
20 upon any other unenclOsed land in this
State, makes you a wrOng-dOer, and the
company is only liable for gross negli-
gence. The mere fact of your being there
is an act of contributOry negligence, and
bars, TO that extent, your right to damages
for any injuries done you. have thought
it proper to settle this question here, and
at once. / propose, by the two bills Of
fered, to declare that it shall not be a tres
pass to merely 90 upon the right of way
of railroads, and that the company shall
be held liable in such a case, as in others,
to the exercise of all ordinary and reas-
enable care and diligence.
''These bills are important to every cit
izen of Georgia. / ask unanimous con-
sent to introduce them. / don't believe
that any farmer will object, and l hope
that no railroad lawyer WILL"
No objection was made and the bills
were introduced. read and referred to
their appropriate committees. The follow
ing is the full text of the bills, which, in
view of the stir created by Justice HalPs
uecI5lOH, Will De WdUcneu WIN consider
able interest after they come back from
the committee room:
a BILL to be entitled an act to amend section
1929 Of the Code, SO as to define more clearly
what is a trespass.
SIC. l. Be IL eldcted By tie General 4 sseD5Iy,
That from and after the passage Of this act
section 1929 Of the Code be amended by adding
after the word recovered" in said section the
following: But il shall not be deemed tres
pass for any person to be upon the right Of.
way of railroad companies in this State unless
such person is interfering with the franchises
OF said road or otherwise damaging its prop
erty.
Section repeats conflicting laws.
a BILL to be entitled an act 10 add a new sec
ton to the Code to be known as section 1912
la) more clearly defining negligence in cases
of physical injuries.
SECTION /. BE IL enacted, That from and af-
ter the passage OF this act the mere fact that |
a person injured Is upon the right Of way Of
the railroad company injuring him shall not |
be deemed an act of cOntributOry negligence; |
and in such cases as in others said company |
shall be held to the exercise Of all ordinary l
and reasonable care and diligence to avoid |
such injury.