Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1890-01-28
IT may not have occurred to some, BIT

IT may not have occurred to some, but
it is well known to lawyers, that the pas
sengers who have been snowbound on the
lines of the Southern Pacific system had
no legal claim whatever upon the company
for support All the carrier is responsible
for is negligence. The phenomenal fall of
snow and the slipping down of avalanches
are matters beyond human control and for
which no one is blameworthy. The pas
senger by mountain carrier route is
bound to take notice of the liability of the
road to be blocked by natural and unfor-
seen causes, and he takes his share of the
risk. the carrier is bound to forward
him only with reasonable speed and dill
gence, and is not held responsible if for no
fault of his his ability to carry fails.
Yet we have news of instances in which
some passengers recently blocked in the
snow from further passing on their journey
have denounced the railroad company for
the delay, and have grumbled because of
the food furnished them without charge or
expense to the passengers. These people
appear to forget that the railroad company
was not bound in law, if in morals, to
furnish them food at all, and that an I'M
avoidable accident relieves the company
of responsibility. Moreover this is the
first instance on record of a railway carrier
feeding delayed passengers and caring for
them generally and supplying them with
comforts. Some five hundred of these
passengers were fed by the Southern Pa
cifc Company with the very best that was
available under the circumstances and in
cases it lodged passengers in hotels simply
as kindly action, though under no legal
obligation whatever to do so.
In the great storm of the spring Of 1888
~ za---4--'> railroads were blocked for from
three to Ave days, ~ --,,~S.
that in a single instance the carriers fed
the passengers. On the contrary, the lat
ter had to get their own supplies from
near villages, and food prices went up to
enormous figures. We cannot find in the
record of that time 70 much as a suggestion
on the part of the passengers that the rail
road company should feed them. On this
side the mountain how different was the
conduct of the carrier company. 1t ordered
supplies as soon as possible to the scene of
the blockade, and fed the passengers to the
best possible advantage, under the circum-
stances. Where the delayed train was
held at a station the passengers were given
the privilege of going to a hotel, the rail
road company footing all the bills.
But after all, it is not surprising that,
under all the circumstances, there was
much inconvenience and some sickness,
nor that among SO many passengers, dis
appointed in their trip, and finding that
all their plans must be reformed, there
should develop few in whom irgratitude
proved to be Distinguishing feature. 1t
said that some of that order intend to
present bills to the railroad people for
sums expended in buying food at stations
where the hotel bill of fare did not come
up to their standard of excellence, or
where the free rations ran out, or had not
arrived. It is possible that the railroad
people, who have already been so gener-
Gus, will pay these bills; but if they do, it
will be a source of regret. The precedent
will be bad one, however much it may
serve to illustrate the liberality and the
benefcence of the railway management.
They have already done by the travelling
public in the recent storms and blockades
all that in reason anyone ought to expect
and great deal more. To encourage i'm
position is no credit, however, and nine
tenths of the passengers delayed, and who
have repeatedly expressed their satisfac
ton with the treatment they received, will
not feel kindly if the exactions of the few
are conceded.