The sun. [volume] (New York [N.Y.]) 1833-1916, 1894-12-02
DEATH IN AN AIR CURRENT.
A NEW RAILH1Y RESPOSSTBILITY
ESTl BLIsHED ~ COCRI.
The Currest OF Afr Produced nv = Traits
Upset = RsY ssd Relied His Jsdsr the
wkeeis-A Damage salt without precs.
seut, watch Created Widespread ~Interest

RENuN III N"N - - 'tNANN (NNAN - IL
ton. II is thought 70 be without a precedent in
the courts Of the United States or England, and
will open up en- entirely new field % action for
damages against railroad corporations In Cases
Of death or personal Injuries.
The case IL that Of Patrick Graney VI. the ST
Louis. Iron Mountain and Southern rArosd
Company for damages. The action grew out II
the injury and subsequent death OF james
Graney. the l1-year-old son Of the plAintla.
The boy was run over by . freight train on the
defendant compsny's road at the Dorcas stres,
crossing At noon on Sunday, Jan. Is. 1891. Both
legs were crushed above the ankles, and early
on the following morning the victim died -
The point upon which the case hinged is .
principle Of physical science. aud bias never,
20 fur AZ known, been raised before Ia an
action i ,Sst The = b [Si'I Tss s GSmi%y' alon..ids
Of the track when the train rushed by at a high
ground and rolled under the car by the force q
the current Of air which followed the train.
The momentum OF this stratum o. AR dePSndsd
testimony OF a scientist 70 demonstrate how the
accident In question could have been caused In
visedly, for not only has there never been a Law.
suit involving this principle Of physical science.
are Of exceedingly rare occurrence. The deepest
interest has been manifested in the case from
torney Thompson showed what the platinum
would endeavor to prove as the cause Of death.
the rf fe sasssh IN. ls6t ti into The law and a careful
and. la a measure, unusual procedure In the in
the point on which the cause for action hinged.
In order toprove his claim Attorney ompso1
consulted Prof Francis Z; TSllpher, 4 member OF
planned the scientific principle involved and the
manner in which such an accident could b
upon the evidence INTRODUCES before the Cor.
oner's jury was secured by Mr.. Thompson, and
the name" in which the victim was thrown
under the train. Then came the connecting Of
these statements with the scientific theory, %
as TO reduce the theory to a fact and get the
evidence before the jury In a practical way that
monty attributed to scientific subjects and make
It Rlain to twelve men Of ordinary intelligence,
count on FEB. IL isoi. and was Quoted in The
EeIsrkaSls docume3.; The theory that 6sSoy
q current of air produced by the train was I'M
mediately assailed by numerous attorneys for
referred TO as the !" suction case" The prom.
inence given the complaint by its publication
Morn aa fSaSp Ss 0 from 'isSyef. % ali !e over qP z.
United States, inquiring whether the document
The COMPLAINT Be fofwarded for Inspection.
The appellation suction case" as IL was
which grew out Of their lack OF knowledge OF
the scientific principle involved. 1t was not
train by suction. Which could only be induced
by the production OF. q vacuum. No vacuum
existed te o, or eonid have been eSu;sd by by the pas.
ordinary course. and hence there was no rush OF
air 70 fll up the vacuum. or no drausht Of air
a person under the wheels. The theory was Of
an entirely different nature, and when the facts
defence were taken by surprise and were unable
TO combat the evidence. The result was that
rendered a verdict for tho plaintiff. and placed
damages at the maximum allowed by law in
The theory can best be explained In the Ian
guage OF Prof; Nipher, He said; "A train
ia m0' The 1 monens Wum Of o!a his sfr' current Is Inn
creased as the speed OF the train is accelerated.
In Is,t ether !, ay nSrd ,Ss sa slr fs siSSr t ai,b train e. 81 %oS Ssst the
the air closest TO the train moves the fastest
soS a saS f Ssd the yG ar es si, tTS% sh By train is. shs sI lsss
y fast enough to mako q noticeable. current.
train, running. at 9 low rate OF speed. But
when Il. the train Is rSnrat . high rsse Of speed
most like being struck by the train Itself.
scr the the train. saI rg No@' s aioas . ai peGsSn As s.a isis
near a rapidly moving train, the side Of his body
l,0s %svi N ts fs. aaai sha AZ The sIfr ON the III OH Other Te siSs
Of him. This has q tendency 10 turn him around
Ii6 SGs % p sRso ss4 him aC ssrs s ssiAs sh s5 rsSoiyiS 81 sna.
lion which his body has acquired serves 70 roll
Rroun sI"s ri, The +. a. 1rf inx. Tesn rule nj 'tE Tss ss DE
Is turned In q direction which, when Il strikes
the ground. Is bound to make IL roll toward the
boy met his asash. WSen ~tlni the air hn current n1es Tstsne{
him sl1,r he was "a. s stsSd ,aiF a. up 3, and Il turned me- him
he feil rolled him toward the track. His
IT is also true that the longer the train the
faster the air current moves. A short train wfi
current is not as strong lille the Srsst part ofs
rain is passing as 10 10 while the last cars are
Is. This TACT was demonstrate in the Grsney
The boy wiIhstood the current while
.ss h hat fen :. S Would S' Be t fSi1s By "a bit Il, ifystssss1sthlsS
Tried 10 get further away from the track: He
turned around and rolled under the wheels
we're standing further away from the train, and
were not so much affected by the air current.
was clearly proven in this case. finew moth.
Ing about the accident whatever, and merely
showed certain facts, and I explained
now such a thing could happen i had no In
The case was FIRST brought 10 trial before Judge
' Isiii aHetd Snd a special hal Jury SssD a q fey hn months onn after
February. 1901. The jury failed TO agree.
4 second trial was set and the plaintiffs took .
o s.. Louis county, w6serei II ddt raHTed de nio 9as S Ss1f
N las sSs b sl shis o fss The G HSiSsa a st !: p.if n,, R9S
'oad. His successors. William +. Broadhead
md Mr.. uerbel. fought the case as persistently
lad on the hrst. One Of the main legal points
was the city ordinance limiting the
limits DoTcas street Is inside The limits.
md the speed OF the train was proven 10 DO
twenty-five miles an hour. As the boy was
rot struck by the train, and there were no
marks Of any kind on the body, except
where the wheels passed over his legs, it
vas necessary 10 show that he was thrown IN
Ter the train by the force OF the air current. IL
VAS shown that II the train had been running
Inly six miles an hour the current would not
ave been sufficient to throw the victim under
he wheels. since these two facts were proven,
that the train NHS running AZ far greater
'peed than Is allowed by law, ana that the cur
OF air which threw the hoy under the train
'ouId have only been caused hy nm excessive
Of speed, Mr.. Thompson claimed that there
n The company's agents were guilty Of %culpabIo
Just as much as though u had been .
lar OF iron sticking out from the side Of the car
instead OF a current OF air created by excessive
peed. The Court held the claim good, and In
ais instructions 10 the fury Judge HeTZel GOV.
red the same ground Judge valiant had COW
'red In his instructions AT the first trial.
A strange feature of the case Il that the boy
Who was rolled under the train hV the force OF