New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-08-04
THE QUESTION OF MAXIMUM DAMAGES.
A PROTEST AGAINST REMOVING THE CONsTITU-
TIONAL LIMIT IN CASES OF LOSS OF LIFE.

PROTEST AGAINST REMOVING THE coNsTITu-
TIoNAL LIMIT IN CASES OF LOSS OF LIFE.
To the Editor Of The Tribune.
Sir On Tuesday the Constitutional Convention re
Jected the adverse report OF the Committee on Pre-
amble in the matter Of the Tucker-Tekusky propo-
si,ion forbid the Legislature 70 establish any mi
tation Of the that may be recovered IN suits
FOR damages for Joss OF NE This action indicates
a. intention 70 NEEDLE with the discretion OF the
Legislature in this particular, and 10 prohibit the
making OF statutes such heretofore have served
justice in this State with substantial efficacy.
This subject IS commonly discussed as II 1t were a
matter affecting railroad corporations alone. Moth
Ing could be more mistaken Il affects every cor
poration every company and every individual liable
be he'd responsible for the death Of any person
by what jury may hold to be culpable negligence.
Every manufacturer every merchant and shopkfep-
err every contractor every master mechanic every
farmer. every HORSEPOWER. is concerned An I'M
noticed icicle falling from the caves may the
transfer Of the properly OF the householder 10 an
other family and its lawyer Every municipality.
great or small. is concerned For any death caused
by defec; the highway. or by any other c!rcuin-
stance under the and control Of the city or
town. damages may he recovered 20 any amount
that sympathetic Jury can De induced 10 assess.
In all such the tendency Of juries is - be ex
;rdvagan,ly Abcra. with what Is not ther own.
Nineteen times in every twenty. 4 the defendant
b> a railroad. steamboat municipal or other cor
pOratiOn presumed TO be wealthy. J. VIII De struck
for heavy damages on general principles. without
much regard to The nature OF the evidence The
chief protection Of bodies assalei must be IN the
good sense OF JUICES who also have courage 70 SCI
aside unreasonable vcrd!ciS. This does not always
avail 70 secure ultimate justice.
The need Of a Limitation r owing 20 the weakness
OF human nature when :, sees opportunity % r.
evng distress by an appropriation ~ other peoples
money. Then It Is that men are generous 10 ian''
and need reasonable restraint Of law. IL ought
20 be forgotten either, that the land IS fu4 OF
lawyers eager 20 prosecute such cases FOR d con-
t.ngent fee. They keeny fcei the hardship % hay-
ng any Limitation SCI the sum they may induce n
jury to award They VII. neh: for a 5000 verdict
ten times as hard for &"o verdict II they are
70 &c, the same proportion Of g.
one might suppose from much tina. IS said on this
subjeci that all common carriers ana especially
railroad companies. take delight In killing persona
and cannot be brought 20 take proper care except
by fear OF being cas-; IN heavy damag"s Ihnt IS a
mons ,rous caiumny. There IS no f@F"AI o'''Cr " no
does know that every faa a'c.irii o.niI .,'h on
his road Is pecIniary camage. winner ~ ~, @''
specific damages are paid. To avoid .lhnH} 80 No. ~.
or main demands more care ai- ih'i' ''s ~"
every wel-nanagc1 TOAi tnhn ahS o'h'I ,,''s.''.
ton y coniueilhs ne D4'iL'ns ."'.r,,,',. c-,,ry
Jess horrible 70 railroad or Steamboat '.'pai,
han 10 the public when docs not nave go pay i'r
mem mr. ,ch -aia-cs - erretv Acr,ien,s are
unprof;able as we. "a iscrelitab.e The companies
neet no such additional motive a- eN;ravafant v,r-
d,c,s bv lures moved by sentiment rather than by
iaG ono view every ufc Is nvaiuab,e. tina. OF tho
man who earns 500 year. as @".l as mat ~ me
man VINO earns $OOC0 year The former in tru'h
n~ndent upon him. But the business Of the country
would come A standsti.l II the ives when are
unfortunately sacrificed IN doing u must Dc ptiI
for al fher highest valuation for al poss - iiirs
Of usefulness and happiness mo necessly o. sach
.L,o.i, Fne.iigence was 81 5000 accidents would
and men cannot be found who are infa!io.e IN
kn0wie-lge judgment and skill. --
com y
merchants and mine operators. a. wei as % tho III
rac,ors OF railroads and steamboat lines. what
worked wei in Ncw-York and IN othcr stats?
vania' Arkansss Kentucky and Wyoming contain
s nta the (o9 9ng OF York Are these he
States which We resort i@r ;,sh ann a. .ts -
oss Of HE more certain in those states man h'rr
Is in the main more Just ana elnlapc mTr We
courts freer from suspicion OF improper iniuemr
| Il js sometimes said that there Is an incDngruy
in fixing limit Of damage FOR Ts s3b o. Or ANY, ",ber
nd'rv less than fatal Hence It IS that juries oc-
caso9ay rate mRn g Wha,evcr inconsistency
herein appears does not snow XXX olst H Me- oT
tended and made applicable to other Injuries In just
proportion &c M, nev or strange or contrary
10 the dictates Of sound reason. II is the same
principe that - applied in NE case OF pers'P }
or injury incurred IN ne military service. lie
would be considered no wiser than Gtazy PrrS'h
| 4.
sessed by a jury without restrlcuon ne c2sl 81
! such method would exceed the cost 81 ac'"i! W.T..
,~he burden would quickly become intoicrdb" 20 the
,,con'e who must be taxed 70 supply IN" hfAH'
The utmost care and prccautiOn WI not prevent
| a accIdents The ompoye VINO was never before
careless may be careless The man whose
roa,nor1 never before failed may forget once ana
disaetrous;y Presidents superntendents, formen.
| cannot foresee when this lapse WI. happen in'S
! NAV use due diligence a. far as Hes IN human ~
ture Why should stockholders be made 10 pay my
| estravagant penalty for what no mGria toresgi,,
on The part OF the managers ~ their business cou
avoid or prevent? II Is unjust 10 noDody ihnt ole
! law should fix maximum Of damages 10 DE- fccoN-
! ared as n dxes a maximum OF imprisonment TOT
| felony or Of fine for a misdeneanor' not sul'r
ing the feeling OF either Judge or jury 10 iipU5r
| cessive penalties f-hr i-O' "i''
| New-York Aug. B. 1894
AWAY WITH THE GAMBLERS.