The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1894-12-21

New Hampshire the same minimum
limit As fixed. In Pennsylvania there
is no limit to the damages that may be
recovered, and 1t is beyond the power
of THE Legislature to fix limit thereto.
Mr.. Hamilton thinks that Of all these
positions that of Pennsylvania alone Is
sensible. Apropos he says:
Strictly speaking 1t is beyond the power
Of any man or any set OF. men, of any leg
islature, court, or jury, to fix q limit to the
value of human life, They, one or all,
may without much difficulty, perhaps, de-
termine the value of a particular life, but
to fix Il limit to the value of human life
in general Is absurd. Why, then, should
statute or constitution undertake to limit
the damages which may be recovered for
the loss of that whose value cannot lie
limited? Why should the law say to the
widow and the orphan you may recover
your loss, provided you have not lost more
S5,0OO but If your loss be greater than that
you shall not recover the excess. 1t
would be as just to say to creditors, no mat
ter how great the sum due you, you shall
not be permitted to collect more than
5000. II cannot be maintained that the
pecuniary values of human lives are
equal, nor that the limitation of the dam
ages recoverable places them on an equal
ity; for If the values Of lives are equal,
then all differences in wages, salaries, ana
incomes are a lie: and that they are not
placed on an equality by such limitations
of the damages recoverable Is shown by
the fact that in all cases the distinction
is kept up Until the statutory limit Is
reached, and no more than the actual pc
cunary loss can ever be recovered unless
in the states allowing exemplary dam
ages, and in those which leave the dam
ages entirely to the discretion of the jury.
The conclusion Of Mr.. Hamilton Is
emlnently sensible. He says: IF the
widow or the children are permitted to
recover damages at all, they should be
allowed to recover their whole pecuni-
ary loss. In case of personal injury
not resulting in death, the person in
jured may recover not only his actual
pecunlary loss but damages for the
agony and anguish he endures; and
should 1t be cheaper for a corporation
to kill outright than to save the life
VI All llJuitu per oman 'hN 'N"'N
say, in effect, to railroad companies,
| If you have an accident be sure you
slaughter your passengers; let none
survive; it will be cheaper for you to do
So If damages for the full pecuniary
loss suffered may be recovered, a
wholesome check is thereby placed
upon the recklessness and criminal neg
ligence of corporations and their SER
wants. Railroad companies, for in
stance, will not be so likely to work
their trainmen and telegraph operators
overtime until from very WEAKNESS and
exhaustion they become incompetent
to perform their duties with credit
to themselves or safety to the public
| The removal of limitations to the PEE
cuniary value Of human life in a court
of law is demanded by our higher civil
lization. A true conception of the sa'
credness oflife demands that our public
law, whether fundamental or statutory
shall not say to corporations, you may
commit manslaughter as often as yor
please and as wllfully as you will, ant
1t shall not cost you in any case more
than the monthly salary Of your presi
dent"