Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-10-23

you have the right to say whether you ex.
onerate said motorman from any blame. II
you believe that the action of either or
both was tardy, derelict or without due
caution which men in their positions should
exercise, then you should so find, so that
the matter NAV be properly certified to the
grand jury, and that they may be dealt
with according to law"
After his charge to the jury the coroner
submitted TO them a copy of an opinion
handed down BY Judge Green, of the Su.
preme Court, in the suit for damages OF
Carson VS. the Federal Street and Pleasant
Valley Passenger Railway Company in
January last. One of Carson's wagons was
driven on the company's tracks and was
struck BY q car, the driver not having
looked nor stopped to see if q car was com.
ing.
ADecision by Justice Green.
In reversing the lower court and denying
the claim, Justice Green points out the law
as to the rights of railway companies! THE
street railway" he says, "has become
business necessity in all great cities.
Greater and better facilities and
q higher rate of speed are be-
ing constantly demanded. The movement
of cars by cable or electricity along crowded
streets is attended with danger and renders
higher measure of care necessary, both on
the part of the street railwavss and those
using the streets in the ordinary manner.
1t is the duty of the railway companies to
be watchful and attentive and to use all
reasonable precautions to give notice OF
their approach to crossings and all places OF
danger. Their failure to exercise the care
which the rate OF speed and the condition
of the street demand is negligence. On the
other hand, new appliances, rendered neces-
sary by the advance in business and popu-
lation in given city, impose new duties on
the public.
''The street railway company has r1gnt
to the use of its track. subject to the right
of crossing by the public at street intersec-
tions; and one approaching such place OF
crossing must take notice of it and exercise
q reasonable measure of care to avoid con-
tact with moving car. 1t may not be
necessary to stop on approaching such
crossing, for the rate of speed OF the most
rapid of these surface cars is ordinarily
from six to nine miles IN hour; but it is nec-
essary to look before driving on the track.
Must Not Run Into Danger.
eff, BY looking, the plaintiff could have
seen and so avoided an approaching train,
and this appears from his own evidence, he
may, be properly non suited. 1t is vain tor
a man to say he looked and listened who
walks directly in front OF moving loco
motive"
The jury occupied nearly an hour in
reaching the verdict When it was an
nounced, the Coroner dismissed the cable
car man, who had been held under bail
since the accident.
Relative to the ordinance he intends to
introduce, the Coroner last night said: 81
have talked with Chief Brown about it,
and he agrees with me. 1t will not be the
purpose of the bill to interfere with the
rights of any American citizen, but to pro-
vide for the safety of the public Ny idea
is that the matter be placed in the hands of
the Public Safety Department. to whom
any organization desiring to parade must
apply for permit, giving the entire route,
the time of parade and number of men to be
in line. With such an understanding, ao-
cidents could be entirely avoided. As it is
now, the street car companies can't provide
against accidents. because they don't know
anything about them until their cars meet
them on the streets"