The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1893-09-20
S~TREET-CAR CASUALTIES.
A Defense Of the Motormen-The Legal
Status of the Matter.

To the Editor OF the Indianapolis Journal:
In the cause ofjus.ice. which the Journal
is ready at all times to promote, permit me
Go once more offer q few words in defense
of the street-car employees. Mechanic"
in his communication of last Monday. in
referring TO nv article of Aug. %. says: ut
Is doubtful whether the writer Of that
article has read the preceding publications
In your paper. beginning July 81 and fol-
lowed mp each Monday week. on tho sub
ject under discussion" This is q fact. /
did not know that he bad been making wal
on the street-car men all summer.
In his article published Aug. 81 he says:
And if your readers can be made to see,
by anything that has been or may be sug-
gested. something that will innre TO the
good of the people of our city in securing
their r~ights-rights against being run
down. murdered or manned upon our
s~treets-then the object of oil that has
been claimed against employing incompe-
tent men to take charge of electric
But. pending the solution of this
great problem, they still 90 on. these
motOrmen and these conductors. In this
same deadly work, fortified by the assur-
aHCO tndt tuoS u ciu GU W q SIcnb
moneye ed corporation" etc. This is placing
the men on q level with common murder
ers. Yet, In his last communication he
says: Nobody supposes for a moment that
any man on the line intends to kill or
malm." But, If all this killing and all
this mainAng is caused by the disqualified
tions OF the motormen-as Mechanic"
would have US believe-why does he con-
denim the conductors. alike. with she motor
men2 Surely, they are not responsible for
rho unnranOR nf the nanfOrnann
But my main object Will now be the legal
status. since Mechanic" has seen tit to
adopt IL in his argument. In his last com
muDicatlOD be says: The citation by MI.
men down and killing men. Ia In no way a
parallel to our street casualties. 1t Is their
right of way and the people are warned
not TO walk on the tracks. and at every
crossing not supplied with fiagmen. eau
tionary signals, danger signs and other
precautionary methods are used and
demanded by rigid law TO reduce to the
minimum loss of life to the careless or
yenturesome, while on our streets every,
body has on undIsDuted right to use them"
Now. let us see just what rights the people
have to the use of the streets and what
rights the street cars have In considerations
OF which they pay large sums of money an
nually. There being no statute law In this
State on tho subject. yet, there is a oom-
mon law and some States have q statute
law. Mr. Booth. al eminent author, In his
work on "Street-railway Law" after
citing decisions OF the Supreme Courts OF
several States in one of his Giscourses, says:
The driver OF o heavy loaded wagon,
moving at the usual rate OF speed of such
vehicles. or OF any other private vehicle
moving at,that pace. must leave the track
when SD requested by the servants of the
company. where IL Is possible to do 30. or
without any request, when aware that o
failure to leave the tracks would impede
the progress of the car. The same rule ap-
~1xAn 20 IA tnnR a.A
reasonable care TO keep out of the
way. The mere convenience OF a teamster
or other person cannot amount to such o
necessity as Will justify HIM IN obstrncting
his work. and backing IL No with
decisions of the courts. says: while it is
the duty of the company TO exercise ordi-
nary care and diligence TO AVOID collisions
and other accidents. this rule does not dis
pense with care and prudence on the part
of all persons whO use the streets In com
mon with the company. AS the cars have
the paramount right of way, those who
control them may assume that all persons
who are SUI Juris Will recognize that right,
and take proper care 10 avoid IN jurlee.
When a person is about to cross the
street where horses, wagons and cars
may be expected to pass at short
| intervals. he Is bo1nd to take notice of the
rights of others. and bear in mind the dam
gers to be ap~Drehended. 1t Is his duty,
whether travelling afoot. on horseback or
private vehicle, 90 keep a lookout for cars.
Ordinary prudence teaches u man walk
ing along or across the tracks, es.
| p~eoially where there are double tracks, or
parallel lines. should direct his attention
TO the numerous cars which necessarily
run back and forth, and pass each other
frequently. Under what circumstance
a pedestrian may safely attempt TO
walk IN front of q car, must be
determined by facts. which vary SO much
| in different cases that courts have not at
A TANNED To estAbllRl 6DeClEc rDlpR ON thu
question. But the general rule as to watch
fulness and care, above stated. has been il
! lustrated by a few decisions. which may
aid In apply ing IL. Thus, it has been held
| that in aLtem pting to pass or cross u track.
a person Is Obliged to use care to keep out of
the way Oh moving cars. tie is cnargeable
with negligence IT he sees an approaching
car. or could have seen 1t by the exercise
of reasonable care, and does not take
proper steps to avoid accident. for be is
not at liberty TO take even doubtful
chances OF the consequence of crossing
the street III face of danger, or In reliance
upon the success of the car driver in at
tempting TO slacken the pace of the
horses"
SO a car driver or motorman has the right
to presume that a person crossing the track
Will get out OF the way. although he may
be In plain view, and the motOrman may
See HIM In time to have stopped his car.
Why, then. would no: an experienced and
highly qualified motOrman have o right TO
tlt Gill IptiOns aud . NOV
very probable that no would do
SUI As TO danger signs" etc., used by rail.
roads. they are an absolute necessity. be-
cause "a person at all strange to the road
upon which he may DO travelling may be al.
most immediately upon a railroad before
he Is aware of it's presence. The may be
caused by u sharp curve In the road upon
which he is travelling. or there may be trees
or other objects which would Obstruct the
view, or the great rapIdity with which
trains run. which makes the crossing of
their tracks extra hazardous, the placing
of "a sign high VI IL the air and several feet
from the railroad is necessary because 1T
may be more readily seen than the railroad
itseif.eAs for street cars. they use the
streets the same rs the public. 4 certain
part of the street. with iron poles standing
high I'D the air, and iron railinga buried IN
the ground. is sot apart for the cars. on
either side of which Ia smoothly paved for
| driving purposes. the outer edges of winch
Is made Tor walking purposes; pedestrians
have the exclusive right TO the sidewalks,
the vehicles to the paved portion OF the
street. and. as quoted above, 1.-THE cars
have the paramount right OF way" TO
their part. and it Is the peoples
duty when using the company's rights To
keep out OF the way" The street-car mo-
tormen are properly qualified They know
that "a turn of the crank this was makes
her 60. and q turn that way makes her
stan frhav Ennw that IN cut mt Tho cir.